Two women are suing the West Homestead police after an officer chased a suspect at speeds greater than 100 mph on East Carson Street, resulting in the suspect crashing head-on into their car, injuring them and killing himself.
Lexis Windsheimer, of McKees Rocks, and Kayona Smart, of Brentwood, filed the complaint in Allegheny County Common Pleas Court on Monday. It includes claims for negligence and vicarious liability.
The lawsuit also names as defendants West Homestead police Chief Charles Rozzo as well as two unidentified officers in the department.
Neither of the two officers still work for the department, Rozzo said.
According to the lawsuit, the chase began in McKeesport the evening of Nov. 16, 2022, as officers there attempted to stop a 2017 silver Kia Forte driven by McKinley Torrence, 22.
The complaint alleges that Torrence drove through McKeesport into Duquesne at high speeds. Because of the potential risk to others, the lawsuit said, McKeesport police terminated the chase.
Duquesne officers then initiated a second chase, but again stopped it because of the potential danger, the lawsuit said.
However, the complaint alleges that Torrence was then spotted by a West Homestead officer on state Route 837.
“(The officer) pursued Torrence at speeds in excess of 120 miles per hour spanning the entire length of Route 837 just before approaching the heavily trafficked corner of East Carson Street near the FBI building, at which point — even then — (the officer) did not slow down or abandon the pursuit, forcing Torrence to increase speed through East Carson Street,” the lawsuit said.
Torrence struck the plaintiffs’ vehicle head-on in the 3300 block of East Carson Street around 8:50 p.m. injuring both women inside.
Torrence was killed. The Allegheny County Medical Examiner’s office ruled the manner of death accidental and cause of death laceration of his aorta.
The Pittsburgh police Collision Investigation Unit handed its findings from the crash investigation over to the Allegheny County District Attorney’s office.
“Pittsburgh Police were not responsible for any investigation into the pursuit, so any further information about whether West Homestead Police could face charges or disciplinary action for the pursuit that preceded the crash should probably come from the DA’s office and West Homestead Police, respectively,” said Cara Cruz, a spokeswoman for Pittsburgh police.
Messages left with the DA’s office were not returned on Tuesday.
It is unclear if the DA’s office made a final determination whether the chase was justified. West Homestead police Chief Charles Rozzo said on Tuesday he has never received anything from them.
“I don’t really have the answer from the DA’s office,” he said.
The officer who led the chase resigned in January 2023 for a job outside of police work, the chief said, prior to the conclusion of any review of the matter.
“It was still under investigation by the district attorney’s office when the officer left us,” Rozzo said.
He said the officer “felt that he was justified in going after the vehicle based on information he received from 911 dispatch and the transmissions from the other agencies.”
But the lawsuit alleges that the West Homestead officer knew that officers from various other departments had been chasing Torrence and terminated their pursuit because of the dangers it posed.
“Despite this knowledge, (the officer) engaged Torrence along the busiest streets of the city at astronomical speeds, exhibiting not merely negligent, but grossly negligent conduct and with reckless disregard for the life, bodily integrity and safety of others, including plaintiffs,” the lawsuit said.
It also claims the West Homestead officer owed the plaintiffs a duty of care to abandon the chase given that it “posed a grave, imminent and unjustifiable” risk.
Further, the complaint alleges that Torrence was being pursued for summary, misdemeanor or non-forcible felony offenses that would prohibit a high-speed chase.
The plaintiffs, the lawsuit said, sustained a variety of injuries, including fractures in the leg and right foot that required surgery.
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