Pursuing officers testify in fatal Metro Police chase trial

By Dave Toplikar

Published Wednesday, May 18, 2011 | 4:07 p.m.

Updated Wednesday, May 18, 2011 | 7:34 p.m.

A Metro Police officer who said he performed a "PIT" maneuver on a car he was chasing about a year ago through North Las Vegas streets, testified Wednesday that the Precision Intervention Technique designed to bump a car from behind to have it spin out of control and stop didn't work.

"I don't know what he (the driver) did, but the PIT didn't work," Officer Andrew Ubbens said during the first day of testimony in the trial for Aron Carpenter, a former Metro officer who who was also following the driver, Ivan Carrillo, 26.

Police said Carpenter's vehicle eventually collided with Carrillo's Honda Civic on May 19, 2010, near the intersection of Lone Mountain Road and Lamb Boulevard in North Las Vegas.

Carpenter, who was fired from Metro in March after having been on unpaid administrative leave since the incident, has been charged with two counts of felony reckless driving. One count of reckless driving was for Carrillo's death and the other count was for injuring Andrea Hottel, who was involved in the ensuing four-car pileup.

The trial featured four witnesses for the state on Wednesday, including the motorcycle officer who began the chase. It will continue at 10 a.m. Thursday before Clark County District Judge Elissa Cadish.

During Wednesday's trial, Chief District Attorney L.J. O'Neale made it clear to the jury Ubbens was not testifying as part of a plea agreement. Ubbens pleaded no contest in January to a misdemeanor reckless driving charge and was fined $500 and ordered to perform 50 hours of community service. Ubbens, who was also on unpaid administrative leave, has been reinstated during a probationary period.

During his testimony, Ubbens said that the two officers were told over their police radios to discontinue their pursuit with lights and sirens activated, but then continued to follow Carrillo at a distance, following the traffic laws. Ubbens said he resumed his pursuit when he saw Carrillo's car spin out at an intersection and head the wrong way into oncoming traffic, which is when he tried the PIT.

Ubbens said that during the PIT he heard a supervisor call off the pursuit again, so he pulled off to the side of the road. However, Carpenter followed the Carrillo without lights and siren, Ubbens said, and then Ubbens followed Carpenter.

During today's testimony, defense attorney Bret Whipple played a video made of the streets where the chase took place, matching it up to audio from the police radio broadcast during the chase. He had Ubbens give the jury details about what happened as the chase unfolded, showing where he was when he tried the PIT maneuver.

According to authorities, Carrillo's Honda, which was northbound on Lamb Boulevard, struck Carpenter's patrol car after reaching the intersection of Lamb and Lone Mountain Road. The Honda then crossed over into the southbound lanes on Lamb, colliding with a Ford Contour driven by Hottel and a Dodge Ram 1500. The Dodge Ram then struck a Pontiac Grand Prix, police said.

Carrillo could not have survived the head-on collision, according to Timothy Franklin Dutra, a medical examiner and forensic pathologist working for the Clark County Coroner's Office.

During testimony this afternoon, Dutra, the medical examiner, said Carrillo's spinal column was separated in the crash and he began to bleed internally. Dutra said he ruled the death as "accidental" after having talked to a police investigator.

Dutra also said Carrillo had a large amount of methamphetamine in his system, which could have caused agitation, nervousness, restlessness and paranoia.

Also testifying Wednesday was Ashley Green, who was driving and saw Carrillo around 10 p.m. on May 20, 2010, eastbound on Carey Avenue near the intersection of Lamb Boulevard. Green said Carrillo was driving slowly and straddling two lanes, going not more than 20 mph. She said he slammed on his brakes a few times.

She described Carrillo's driving as "erratic" and "unpredictable." She said she thought he was inebriated.

Green said she followed him and called 911 to report his abnormal driving. She also said he had a blank expression on his face when she eventually passed him on the left side of his vehicle.

Another witness called was Metro Officer Antonio Joseph Lourenco, who followed Carrillo on a motorcycle with his lights and siren on, but said Carrillo wouldn't stop. Defense attorney Bret Whipple also had Lourenco describe his part of the chase to the jury using police radio audio matched up to a video of the streets.

Lourenco said he saw Carrillo straddling two lanes, going 10 to 15 mph along Carey Avenue. Then Carrillo made a right turn and went onto Nellis Boulevard and sped up to about 60 mph, then crossed over the raised median to make a U-turn to go in the opposite direction on Nellis.

Lourenco said he followed, then decided to cut off the chase for fear of injuring himself, Carrillo or other drivers. He said a helicopter was called in to help. He said that's when he turned the chase over to Carpenter and Ubbens.

Carpenter's trial is expected to last through Friday.