Boise police may limit shooting at cars

BOISE – Police officers would be restricted from shooting at moving cars in most circumstances under a proposal the department is considering.

Proponents of the plan, including Boise police Chief Mike Masterson, argue it’s often safer for officers to get out of the way and avoid the risk to themselves, nearby citizens and property.

“I think if you look back to a number of police shootings where vehicles are involved (nationwide), it’s not real effective … most times. The best policy is to get out of the way of the car,” Masterson told the Idaho Statesman.

Masterson said he will present the plan to the Boise police command staff this week. If they adopt it, it will become an official department policy.

The proposed policy comes after two high-profile incidents last year involving a man being sought for investigation of armed robbery.

On Feb. 28, Harlan Hale, 40, of Boise, fired shots at two police officers during a traffic stop. Police fired shots at Hale’s vehicle as he fled but didn’t hit anyone inside. Nine days later, when police caught up with him, Harlan crashed his car through a shed and into an irrigation ditch before being captured. Police fired 22 bullets at Hale and his vehicle, hitting houses, cars and a clothes dryer, but not Hale.

Garden City resident Jeff Walters, whose home was hit by four bullets during the March 9 chase, said the proposed policy change is a good idea.

“They shouldn’t shoot at cars unless it is absolutely necessary, and if they do, (officers) should be well aware of their surroundings,” he said.

Walters did say he thinks police should be able to shoot at moving cars, but only in “the worst-case scenario.”

Masterson said the Boise police policy committee was considering ways to improve the department’s policy before the two incidents involving Hale, looking at models adopted by other police forces.

Boise Community Ombudsman Pierce Murphy has yet to issue his report on the March 9 incident. Murphy can make policy recommendations as part of his investigations into officer-involved shootings. He said he has had “regular conversations” with Masterson about adopting a more stringent policy against officers shooting at moving cars.

Hale, who later escaped from jail, agreed to a sentence of 25 years in prison in exchange for pleading guilty to four felony charges. He pleaded guilty this month to attempted murder of a police oficer, assault and battery on a police officer, escape and robbery. Seven other charges against Hale were dropped.