Shipman also informed Mullenix that another officer was located beneath the overpass. 1*Īs Mullenix waited for Leija to arrive, he and another officer, Randall County Sheriff’s Deputy Tom Shipman, discussed whether Mullenix’s plan would work and how and where to shoot the vehicle to best carry it out. Respondents allege that from this position, Mullenix still could hear Byrd’s response to “stand by” and “see if the spikes work first.” Ibid. Before receiving Byrd’s response, Mullenix exited his vehicle and, armed with his service rifle, took a shooting position on the overpass, 20 feet above I–27. Mullenix then asked the DPS dispatcher to inform his supervisor, Sergeant Byrd, of his plan and ask if Byrd thought it was “worth doing.” 773 F. 3d, at 716–717. Rodriguez responded “10–4,” gave Mullenix his position, and said that Leija had slowed to 85 miles per hour. Mullenix had not received training in this tactic and had not attempted it before, but he radioed the idea to Rodriguez.
Upon learning of the other spike strip positions, however, Mullenix began to consider another tactic: shooting at Leija’s car in order to disable it. He drove to the Cemetery Road overpass, initially intending to set up a spike strip there. Ibid.ĭPS Trooper Chadrin Mullenix also responded.
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Ducheneaux and the other officers had received training on the deployment of spike strips, including on how to take a defensive position so as to minimize the risk posed by the passing driver. Officer Troy Ducheneaux of the Canyon Police Department manned the spike strip at the first location Leija was expected to reach, beneath the overpass at Cemetery Road.
The dispatcher relayed Leija’s threats, together with a report that Leija might be intoxicated, to all concerned officers.Īs Baker and Rodriguez maintained their pursuit, other law enforcement officers set up tire spikes at three locations. Twice during the chase, Leija called the Tulia Police dispatcher, claiming to have a gun and threatening to shoot at police officers if they did not abandon their pursuit. Leija entered the interstate and led the officers on an 18-minute chase at speeds between 85 and 110 miles per hour. Baker gave chase and was quickly joined by Trooper Gabriel Rodriguez of the Texas Department of Public Safety (DPS). When Baker approached Leija’s car and informed him that he was under arrest, Leija sped off, headed for Interstate 27. On the night of March 23, 2010, Sergeant Randy Baker of the Tulia, Texas Police Department followed Israel Leija, Jr., to a drive-in restaurant, with a warrant for his arrest.
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