INDIANAPOLIS — A man injured after his car was hit by a drunk driver being pursued by IMPD officers is following through with legal action against the drunk driver, the police department, and other entities, claiming police were negligent in training on advising officers how to appropriately pursue suspected drunk drivers.
That crash left one woman dead just before 3 a.m. on Oct. 1, 2022. The suit alleges excessive force on the part of IMPD officers and lack of training from the City of Indianapolis throughout a 15-page court document filed Monday, Feb. 26.
IMPD officers reportedly saw 23-year-old Jose Pichardo-Lopez at the intersection of 62nd Street and Michigan Road. Officers said Pichardo-Lopez appeared to be drunk with “his eyes droopy, having trouble keeping his balance and stumbling toward a vehicle.”
Pichardo-Lopez was walking toward a 2008 Pontiac G6, according to court documents.
The officers approached Pichardo-Lopez and noted he “smelled of alcohol and recognized that he had poor balance and slurred speech” as he sat in the driver’s seat. They also reportedly saw opened bottles of alcohol in the car.
The officers chose to leave him in the driver’s seat and advised him not to drive, while they drove across Michigan Road to further observe him. Moments later, court documents allege, the officers saw Pichardo-Lopez's car's brake lights and reverse lights.
Pichardo-Lopez hit a pedestrian as he was backing out from that spot and reportedly did not render aid to the pedestrian before driving southbound on Michigan Road.
The officers pursued Pichardo-Lopez’s vehicle at that time, and they initiated a chase of Lopez southbound on Michigan Road, through a church parking lot and then northbound onto Michigan Road at “unsafe speeds over 90 miles per hour."
The lawsuit accuses the officers of choosing to initiate and continue a “grossly excessive, dangerous, and hazardous high-speed chase of Pichardo-Lopez’s vehicle on a public roadway knowing that his intoxicated and impaired condition would substantially decrease his ability to safely operate his vehicle.”
As the officers pursued Pichardo-Lopez southbound on Michigan Road, the man now suing IMPD was driving northbound on Michigan Road toward the 71st Street intersection.
As he stopped at a red light, Pichardo-Lopez's car slammed into the back of his vehicle.
That caused the plaintiff’s car to catch fire and be pushed through the intersection. Police ended their pursuit and shifted into rescue mode.
Officers pulled two trapped victims, a man and a woman, from the burning car, and they were transported to local hospitals.
A third person was trapped in the car, and she was pronounced dead at the scene.
Pichardo-Lopez was evaluated by medical personnel and taken to a local hospital for a blood draw, which is standard procedure in fatal crashes.
Pichardo-Lopez, who lists an Indianapolis address, has a history of driving under the influence. In April 2023, he was charged with operating a vehicle while intoxicated - endangering a person.
In December 2021, he was charged with operating a vehicle while intoxicated - endangering a person, operating a vehicle with an alcohol concentration of .15 or more and operating a vehicle while intoxicated.
The lawsuit alleges the two IMPD officers, the City of Indianapolis, Chief Randal Taylor and IMPD did not have the appropriate training or policies in place concerning its “officers engaging with those suspected of driving while under the influence.”
The plaintiff alleged he continues to suffer extreme physical pain, loss of enjoyment of life, and emotional suffering from seeing one friend killed and others injured in the crash.
The man is seeking general and compensatory damages for injuries, harms and losses sustained in the crash, reasonable attorney’s fees and further relief as the court deems fit.
The latest suit was filed in Marion County State Court. However, the case was moved to federal court on Feb. 26.
13News recently spoke with IMPD and Indiana State Police about their policies regarding police pursuits.
"Each and every one, all the way through a chain, through our command to include our training division," Indiana State Police Sgt. John Perrine said.
"There is a general order when it comes to vehicle pursuits. There are state-mandated requirements that we have to go by, too," IMPD Ofc. William Young said.
Young said just like ISP, supervisors are always listening in and can cancel that pursuit at any time — so can ISP troopers in pursuit.
"If we're in a vehicle pursuit, lots of times, that's some of the most dangerous criminals that we're after. We're not chasing folks for your minor traffic violations," said Young, with the department stopping those in 2020.
State police conducted 330 pursuits last year between 47 troopers.