Thursday, Aug. 21, 2008

CHP officer to face 2nd trial in teen's death

The 18-year-old was shot twice in 2001 after a pursuit that lasted 68 minutes.

By VICTOR A. PATTON
vpatton@mercedsun-star.com

The parents of a Hilmar teenager shot to death by a California Highway Patrol officer will pursue a second wrongful death trial, after a mistrial in the case earlier this year.

U.S. District Court Judge Lawrence J. O'Neil recently set Jan. 20 as the second trial date in the case of Paul Speers, a CHP officer who shot and killed 18-year-old Alan Adams on June 26, 2001, after a high-speed pursuit through parts of northern Merced County and southern Stanislaus County.

Adams' parents, John and Cathy Adams, filed a lawsuit against Speers in 2002, claiming wrongful death in the shooting of their son.

A U.S. District Court for the Eastern District of California jury was unable to reach a decision in Speers' initial two-week trial, which ended July 15. The jury was divided 5-1, in favor of Speers. Calls to the offices of Randal Hooper and Richard Bennett, the attorneys representing Adams' parents, weren't returned Wednesday.

Cathy Adams, the teen's mother, declined comment on the trial, but said the case and the loss of her son have been hard for her and her family. "We've waited [seven] long years. It's a very tragic thing," Adams said. "It was a tragedy, and it shouldn't have happened."

Steven Gevercer, supervising deputy attorney general, said that while Adams' death is tragic, Speers used reasonable force. Gevercer said Adams was driving in an "incredibly dangerous" fashion -- and ran into Speers' car door, pinning him.

Gevercer said the CHP believes that Speers used reasonable force. "The whole heart of this case is that Officer Speers was concerned for his own safety, and he acted reasonably under the circumstances," Gevercer said.

The pursuit of Adams, who was driving his mother's Ford Expedition, lasted for 68 minutes through Merced and Stanislaus counties.

The incident began after Merced County Sheriff's Department deputies reported that Adams ran a stop sign in Delhi. When a deputy tried a traffic stop, Adams allegedly fled onto Highway 99 from Shanks Road. Adams lost the officer, but was then spotted by a sheriff's patrol car near Hilmar. Another pursuit started heading off-road through orchards and Hagaman Park near the Merced River in Stevinson.

Heading up Highway 165, Adams then drove on southbound Highway 99 in Turlock with CHP and Merced County units in pursuit. Authorities said Adams crossed over to northbound Highway 99, passing through Turlock again before encountering backup units at the scene of an unrelated freeway accident.

Adams crossed the freeway for the southbound lanes, but was blocked by patrol units and forced off the embankment on the southbound side of the highway.

CHP reports stated that Adams tried to back his way out while surrounded by patrol cars, pinning Speers against his patrol car door. Speers then fired six shots through Adams' windshield, according to the CHP. Two shots struck Adams, and he was pronounced dead at the scene.

Merced County and Sheriff Mark Pazin were initially included in the lawsuit as defendants. Pazin and the county were dismissed from the case after attorneys filed a summary judgment motion in December 2004, according to James Fincher, Merced County's lead attorney.

An autopsy by the Stanislaus County Coroner's Office found traces of Prozac and amitriptyline in Adams' system at the time of his death.

Speers is still employed by the CHP as a sergeant in Los Banos, said Shane Ferriera, CHP spokesman.

Reporter Victor A. Patton can be reached at (209) 385-2431 or vpatton@mercedsun-star.com.