Discretion used in chase





GUILDERLAND — A Guilderland police chase ended in Colonie last month, without incident; no one was hurt because of pursuing officers’ discretion, according to Sergeant Daniel McNally of the Guilderland Police Department.

Scott M. Germain was brought up on 12 separate charges after he refused to pull over for speeding by the Guilderland Police on Church Road, Feb. 11. A police chase then ensued, taking Guilderland Police up the Northway, across Interstate 90 heading east, then west along Washington Avenue Extension, and eventually north up Fuller Road into the town of Colonie.

Germain turned himself in to the custody of Guilderland Police on March 2, after police located his vehicle in the city of Albany and impounded it. The February chase had stopped after police ended the pursuit because of Germain’s extreme recklessness.
"It’s left up to the discretion of the officer," McNally told The Enterprise. "If it is just traffic violations and the driver is a danger to others, then the officer can terminate the pursuit."

According to the arrest report, Germain failed to stop for a marked police vehicle with activated lights and sirens after he was found speeding on Church Road. A check of the vehicle’s registration revealed that it was suspended because of an insurance lapse. As Germain fled north on Interstate 87, he committed various vehicle and traffic violations, while waving to police officers who were attempting to stop him, the report says.

It was after Germain got onto Fuller Road that he began to become increasingly reckless, according to Guilderland Police.

While police were still attempting to stop him on Fuller, Germain crossed into oncoming traffic, accelerated up a hill toward Railroad Avenue while on the wrong side of the road and passing vehicles, and continued through an intersection against a steady redlight.

It was then that officers decided to end the chase, partly because of his recklessness and partly because of information that showed he was wanted for only minor violations, said McNally.
When in pursuit, an officer has to weigh the crime a suspect is wanted for and the danger he poses to the public and pursuing officers, said McNally. "As a superior, I can say ‘terminate the pursuit,’ if I feel there is a danger to the public," he said.
While in police custody, Germain was asked by the arresting officer if he knew why he was there, and Germain responded in a statement, saying, "I know I should have stopped"I wasn’t trying to be smart. I just got into a fight with my girlfriend and didn’t want to lose my car"I know it was stupid. I should have just stopped."

Nobody was injured and no property damage occurred, according to Guilderland Police. Germain was arraigned in Guilderland Town Court and remanded to the Albany County jail.
"It is very seldom that we have a pursuit where it goes for miles and miles," McNally told The Enterprise.

Germain was charged with the following:

— One felony, first-degree reckless endangerment;

— Three misdemeanors, including third-degree aggravated unlicensed operation of a motor vehicle; operating a motor vehicle with a suspended registration; and reckless driving; and

— Seven infractions, including three counts of speeding; failure to pass a motor vehicle and return to the right; driving left in a no-passing lane; failure to stay in a single lane; failure to obey a police officer; and failure to stop at a redlight.

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