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Family suing after pursuit leads to crash
Pasco County deputies pursued a fleeing car until the driver veered off the road and crashed into a man who was mowing grass. The victim’s family blames the car thief and the sheriff’s office. FOX 13’s Craig Patrick reports.
NEW PORT RICHEY, Fla. - A Florida family is taking the Pasco Sheriff's Office to court after a high-speed pursuit in New Port Richey ended with a fleeing driver hitting a landscaper on July 8, 2021.
Pasco County Chase Details
The backstory:
Carlos Hernandez was mowing grass outside a Dollar General in New Port Richey on the afternoon of July 8, 2021. Nearby, Pasco County deputies chased Samantha Harvey, who had taken a Toyota left with keys inside. The stolen vehicle was reportedly equipped with a GPS tracking system, allowing deputies to locate it.
Deputies initially chased Harvey at high speeds before losing sight of the car and calling off the pursuit. After locating the vehicle through GPS, deputies re-engaged the chase alongside a tracking helicopter.
Harvey stated in a deposition that she noticed four police cruisers and stop sticks in the road as she approached Little Road and Nassau Drive. She testified that she ran off the pavement to avoid the stop sticks, striking Hernandez on his lawnmower.
Mugshot of suspect Samantha Harvey alongside court deposition transcripts and police dashcam footage from the day of the pursuit.
New Port Richey Crash Impact
What we know:
The crash caused permanent, severe damage to the arm and brain of Hernandez. His loss of memory left him unable to work or handle basic daily tasks.
Lost income forced the family of four out of their home, moving them in with relatives. Meanwhile, Harvey is serving 10 years in prison for running from law enforcement causing serious injury, plus two concurrent five-year terms for grand theft.
Carlos Hernandez receives medical treatment in a hospital setting alongside brain scan images highlighting his trauma.
Florida Police Pursuit Lawsuit
The legal claims:
Sarah and Carlos Hernandez sued several entities including the Pasco Sheriff's Office, alleging deputies violated internal chase guidelines. Policy requires deputies to chase only when public risk from the chase is far lower than letting a suspect go.
The family argues law enforcement had safer options, including engine kill-switches, continuous helicopter tracking or GPS monitoring.
Carlos Hernandez smiles alongside his wife, Sarah, and their family before the 2021 crash.
Pasco Sheriff Lawsuit Defense
The other side:
The Pasco Sheriff's Office denies any liability for the injuries.
In a written statement provided to Fox 13, the agency said: "The Pasco Sheriff’s Office recognizes the serious injuries suffered by Mr. Hernandez, and we remain sympathetic to him and his family. However, the facts of this case make clear that the deputies involved in attempting to apprehend the suspect just prior to the incident acted within agency policy and did not cause Mr. Hernandez’s injuries. The uninsured suspect chose to flee from law enforcement, nearly striking a deputy in the process. The suspect later admitted under oath she realized she could have hurt or killed the deputy. She also admitted under oath she saw Mr. Hernandez on the lawnmower, yet chose to drive her vehicle in his direction in an effort to avoid stop sticks. The uninsured suspect was charged with and pled no contest to fleeing/attempting to elude a law enforcement officer causing serious bodily injury to another person. Her actions alone caused Mr. Hernandez’s injuries, and she is currently serving a lengthy prison sentence as a result of her actions that day. While we understand the severity of Mr. Hernandez’s injuries, there was no wrongdoing on the part of the Sheriff’s Office that caused his injuries. The agency will continue to defend this litigation accordingly in the appropriate venue and will have no additional comment at this time with respect to the legal process."
The public information office for the sheriff did not grant an on-camera interview.
Victim Family Chase Statements
What they're saying:
"There were so many other ways to maintain control of the situation and know where that car was. ... There was an ability to have, like, a kill switch that was able to stop the car from continuing to run…. I've never understood why safer choices weren't made in terms of that situation," Sarah Hernandez stated.
"I don't understand how they made the decisions they did that day," shared Gale Pelle, the victim’s mother-in-law.
Pasco County Court Schedule
What's next:
The lawsuit filed by the family against the Pasco Sheriff's Office is set to go to trial in September.
The Source: The information in this story was gathered from interviews conducted by Fox 13 Chief Investigator Craig Patrick with the family of Carlos Hernandez, as well as redacted Pasco Sheriff's Office body-worn camera video, court records, and an official written statement provided by the Pasco Sheriff's Office.