FORT WORTH — Newly filed court documents show at least one Fort Worth PD officer could be charged in the case of a fatal police chase that occurred last summer. It happened last July, south of downtown, when officers were chasing a car that had been reported stolen.

That car made it through the intersection of Rosedale and Evans, but the police cruiser behind it collided with an SUV driven by Andre Craig. The 57-year-old died in the crash.

Weeks later the department released a heavily redacted report of the incident, which showed the chase lasted two miles and reached speeds of up to 100 miles an hour on a street where the speed limit is 30.

I-Team: What is FWPD’s chase policy? The department won’t say.

Craig’s family maintains that he had the green light, something they were told by witnesses but which has not been addressed by FWPD.

In the eight months since that day, the department has remained largely silent, but now a civil lawsuit filed by Craig’s family is revealing new details.

In a recent filing, the city’s attorneys say the police department is “conducting a criminal investigation to determine whether the involved officer acted negligently or reckless,” adding that that “will be the exact question the city will present to a Tarrant County grand jury.” 

The city and the police department have not identified the officer.

“There’s no question that this officer acted negligent as well as reckless,” said Daryl Washington, who represents the Craig family. 

Washington told the I-Team he, too, learned of the criminal investigation through the filing.

In the filing, the city says it is being forced into a “conundrum,” investigating the officer for criminal charges while also defending the officer’s actions in a civil lawsuit. That’s why the city says it is asking the judge to delay the family’s lawsuit for six months.

   DEFENDANT CITY OF FORT WORTH'S MOTION TO HOLD CASE IN ABEYANCE by CBSNewsTexas on Scribd


    
  

  

Criminal attorney Jeremy Rosenthal is not involved in the case but has read the filing. He says the city of Fort Worth is in a tricky position. 

“I think you could also say that they’ve filed a motion to have their case and eat it, too. There’s certainly nothing barring them from settling the case now, but they want to hold on,” said Rosenthal. “And I think they want to see what happens through the criminal investigation.”

Fort Worth PD told the I-Team its investigation into the officer is completed and “is currently undergoing the final review and approval, and will be handed over to the DA’s office in short order. The timing of presentation to a grand jury will be up to the DA.”

Meanwhile, the man accused of driving the stolen car in that pursuit had his first day in court yesterday. Brian Hunter, 19, is charged with Evading Arrest or Detention With a Vehicle Causing Death. He is currently out on bond.

The City of Fort Worth is also continuing its legal fight to keep the police department’s complete pursuit policy a secret.

While the department has released a redacted version, it has refused to make the entire policy public.

Fort Worth Police Department reveals portions of policy on chasing suspects

CBS News Texas and other news organizations filed an open records request, which the Attorney General of Texas granted. Instead of releasing it though, the city is now suing the AG.

Fort Worth suing to keep police chase policy private

Our I-Team has obtained the full policy; you can watch our reporting about what is still redacted here: Full Fort Worth police chase policy obtained by the CBS News Texas I-Team