Man’s conviction in deadly GSP pursuit sheds light on handling of such cases

Credit: GoFundMe

Credit: GoFundMe

Hicks was sentenced to life in prison with the possibility of parole.

The case echoes a Monday evening crash that authorities said happened when a driver fleeing state troopers ran a red light and collided with 19-year-old Cooper Schoenke, killing him as he traversed the intersection of Moreland and McLendon avenues.

The teen’s death has sparked calls from some lawmakers and activists to reform the GSP’s pursuit policy, which an Atlanta Journal-Constitution investigation found to be one of the most permissive in the country.

The GSP was pursuing driver Faduma Mohamed, 23, for speeding and driving erratically, the agency said, when she hit Schoenke’s Honda Accord.

Among the charges Mohamed faces are first-degree vehicular homicide, felony fleeing, reckless driving and drug possession. Hicks was also found guilty of those charges. The GSP said Mohamed would also be charged with murder, but the charge does not appear in jail records.

Hicks’ case sheds some light on how defendants in such cases can be handled and the serious charges they can face.

According to prosecutors at his trial, he was seen the day before the crash by an Atlanta police officer, who tried to stop him for the broken taillight. But Hicks sped away, and the officer discontinued the attempted traffic stop, court records show.

The next day, April 5, Hicks was spotted in the same area – Martin Luther King Jr. Drive near Fairburn Road – by the same officer, who again tried to pull him over. But Hicks sped away in his Ram 1500, only this time a GSP trooper was there to take over the chase.

Atlanta Police Department policy limits its officers to only pursue suspects in violent felonies, including murder, armed robbery and vehicle hijacking. The GSP’s policy, however, leaves many decisions on whether to continue a pursuit up to the trooper and doesn’t restrict chases according to speed, weather or traffic conditions or potential charges.

As troopers pursued, Hicks got onto I-285 and began driving recklessly. He took the exit onto Campbellton Road and continued toward Barge Road at over 90 mph, prosecutors said. He ran a red light at that intersection, hitting Taylor’s Dodge Challenger. The mother of three was pronounced dead at the scene.

Taylor’s father drove by the crash on his way home, not knowing it was his daughter’s vehicle that had been crumpled, Channel 2 Action News reported.

“I saw the accident,” Charles Atkins Sr. testified at the trial. “I saw, like, a body laying in the grass.”

Once he got home, he said, “The phone rang. They said that Tam was dead.”

Atkins could not be reached for comment Friday.

Hicks’ defense attorney questioned why law enforcement put so much effort into chasing someone for a broken taillight, the news station reported. But the prosecution argued that he was not just driving a vehicle with a broken taillight; he was committing felony drug possession while on felony probation, court records show.

“It explains why he desperately tried to avoid contact with law enforcement,” the prosecution wrote in court filings.

The jury took two hours to convict him.

After the teen bystander’s death in this week’s deadly pursuit, advocates called for the state patrol to restrict its policy so it matches most other departments. They contend pursuits should only be allowed in cases that involve violent felonies and should require a supervisor’s approval. Advocates also seek to bar high-speed pursuits in populated areas, during peak traffic times and in residential neighborhoods.

The GSP has defended its practices, saying the policy is “grounded in law, shaped by training and guided by a clear standard that actions be objectively reasonable.”

In a statement on social media about Monday’s crash, the state patrol said: “The pursuit was initiated by the suspect the moment she chose not to comply with a lawful order to stop.”

It added: “The importance of a driver’s responsibility to stop cannot be overlooked or overstated. Compliance with lawful instructions is the single act that would prevent nearly all pursuits and use-of-force encounters.”

“If the law is not enforced, those who break it will go unchecked, and crime will grow at the expense of law-abiding citizens,” the statement continued.

The state patrol said a review of Monday’s incident is underway by both its crash reconstruction team and its internal office of professional standards.