BILLINGS — After a suspect was killed near Acton Sunday following a pursuit by a Montana Highway Patrol trooper, questions are arising about the agency's pursuit policies.
While the highway patrol declined Wednesday to discuss the specifics of the Sunday incident, when a suspect fled a trooper, crashed head-on with a semi truck, caused the trooper to roll his vehicle, the ignited a nearby grass fire, a spokesperson agreed to discuss the agency's pursuit policies in general with MTN News.
“The violator is the one that makes a decision to initiate the pursuit by not complying to our lawful order to stop,” Montana Highway Patrol Lt. Col. Kyle Hayter said in an interview.
Watch Lt. Col. Kyle Hayter talk about police pursuits:
According to Hayter, the MHP stops between 70,000 and 80,000 vehicles each year.
“We have less than or right around 100 pursuits a year,” Hayter said.
When determining whether to engage in a pursuit, officers factor in the weather, location, violation, and the identity of the suspect.
“Our primary focus, if we're engaged in a pursuit, we wanna end that pursuit as quickly and safely as possible,” Hayter said.
On Sunday, Trooper Breenen Plucker was attempting to initiate a traffic stop on Highway 3 when the suspect fled. At mile marker 12, the suspected, later identified as 53-year-old Jody Dean Eisenbarth of Billings, struck the semi head-on and was pronounced dead at the scene. As Plucker tried to avoid the crash, he rolled his patrol car, and passers-by helped extricate him. He was taken to a hospital with non-life-threatening injuries. The driver of the semi truck was also taken to the hospital with non-life-threatening injuries.
In critical situations, law enforcement may feel obligated to continue a pursuit if they are dealing with a suspect who poses a threat to the public.
“We know that these people are wanted and they're homicide suspects, and they pose a threat to the public,” Hayter said.
Watch previous coverage of bystanders' description of the crash:
Related: Acton family jumps into action after fatal Highway 3 crash
Hayter said that the decision to pursue is one of the most critical decisions a trooper can make, often requiring quick evaluation of evolving circumstances and risks involved.
“The end goal is the same, and that's to catch the violator quickly and safely and protection of life and property,” Hayter said.
Authorities have not released any detailed information about Eisenbarth. The Montana Division of Criminal Investigation is conducting an investigation of the incident.
Pursuit policies shape law enforcement protocols across the country. Each police agency establishes its own policies.
At the Billings Police Department, Lt. Samantha Puckett said the department reviews its policies annually and updates them as needed.
MHP is following the same practice.
“Like any policy, we review our policies all the time for accuracy to make sure that we are doing the best according to standards and training practices and also legal standards,” Hayter said.
