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Maria Del Carmen Torres

Age : 45

Gender : Female

Race : Latino/a/e

Date : 03/12/2022

Location : Turkey Creek Road near Trapnell Road

City : Plant City

County : Hillsborough

State : Florida

Agency : Tampa Police Department

Officer(s) :Darrin Gibson

Cause of Death : Vehicle

Event : Bystander killed by police chase crash

OPEN RECORDS SUMMARY :

REASON FOR CHASE: Bystander killed during stolen-vehicle pursuit; Tampa Police Officer Darrin Gibson pursued a Nissan Frontier after receiving a dispatch identifying the truck as stolen. The later appellate record states that the truck was not being driven erratically and the driver had committed no observed traffic violation before Gibson activated his emergency lights.
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NARRATIVE:
On 03/12/2022, Maria Torres was killed while riding as a passenger in a Honda Civic that was struck by a stolen Nissan Frontier during a high-speed pursuit initiated by Tampa Police Department Officer Darrin Gibson in Hillsborough County, Florida.
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Gibson was on patrol when he received a dispatch concerning a stolen Nissan truck. According to his later deposition testimony, the dispatch was a "signal 10," indicating automobile theft. Gibson subsequently saw the truck but could not see who was driving it. The Florida Second District Court of Appeal noted that the truck was not being driven erratically and its driver had not committed a traffic violation before Gibson activated his emergency lights. The driver then accelerated and Gibson pursued the truck.
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The pursuit continued from Tampa into unincorporated Hillsborough County for approximately 19 miles and 14 minutes. Gibson testified that his patrol vehicle reached speeds ranging from 75 to 105 mph and that he traveled through three or four red traffic signals. Due to mechanical problems with other police vehicles, Gibson conducted the pursuit without backup.
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At approximately 11 p.m., the pursuit reached Turkey Creek Road, described in the subsequent litigation as a dark, single-lane roadway bordered by a ditch. Near Trapnell Road, the Nissan collided with the rear of a Honda Civic driven by Christopher Foottit. Maria Torres, Foottit's mother-in-law and a passenger in the Civic, was killed. Foottit and another occupant suffered serious injuries.
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Investigators later determined that a 15-year-old was driving the Nissan. Three other juveniles were inside the truck.
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The collision later generated civil litigation against the City of Tampa. Christopher and Cynthia Foottit alleged that Gibson negligently conducted the pursuit. Evidence presented in that litigation included Gibson's deposition, body-camera evidence and Tampa Police Department pursuit policies.
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The appellate record revealed that after the fatal crash, Gibson's body camera recorded other officers questioning why a stolen-vehicle pursuit had been conducted. One officer characterized the issue as choosing property over life, while another questioned why officers had not contained the truck before the pursuit began.
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The Foottits' police-practices expert concluded that Gibson's actions fell far below accepted safe pursuit practices and alleged that Gibson violated Tampa Police Department policy. The City disputed liability and sought summary judgment based on sovereign immunity. The trial court denied that request, and on 10/16/2024 the Florida Second District Court of Appeal affirmed the denial, finding genuine factual disputes that could allow a jury to determine that Gibson's conduct was sufficiently reckless to defeat the City's claimed immunity.
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The record also states that Tampa Police subsequently amended its vehicle-pursuit policy, and Gibson's supervisor, Lieutenant Guadion, received a reprimand for failing to adequately supervise the pursuit.
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OFFICER BACKGROUND:
Tampa Police Officer Darrin Gibson initiated and conducted the pursuit. Later civil litigation established that Gibson pursued the stolen Nissan approximately 19 miles over 14 minutes at speeds reaching 105 mph. The Foottits' police-practices expert alleged that Gibson violated pursuit policy and acted recklessly. The City disputed those allegations. The Florida Second District Court of Appeal affirmed denial of the City's motion for summary judgment, allowing the negligence claims to proceed. Gibson's supervisor, Lieutenant Guadion, was reprimanded for inadequate supervision, and Tampa Police subsequently amended its pursuit policy.
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SOURCE LINKS :

https://teamhcso.com/News/PressRelease/837d1903-bf83-4900-8096-8705195251c2/22-053
https://2dca.flcourts.gov/content/download/2442019/opinion/Opinion_2024-0833.pdf
https://www.fox13news.com/news/judge-denies-bond-for-teen-accused-in-deadly-crash-following-high-speed-chase-in-stolen-truck
https://www.fox13news.com/news/teen-prison-sentence-deadly-police-chase-crash-woman-plant-city