Police Pursuit Charges in New South Wales

A man is reported to have led police through a wild, high-speed pursuit through Florida in the United States in not just one but two stolen police vehicles, before eventually getting arrested.

On Thursday 6th May 2021, police from Volusia County Sheriff’s Office were alerted to a motorist in the city of Cocoa driving a stolen sedan from the Cocoa Police Department.

Officers were quick to track down the man’s whereabouts and gave chase, ultimately managing to force the stolen car off the highway and into some woods.

However, despite the stolen vehicle crashing and becoming stuck, the offender managed to push himself out of the wrecked car, grab a large container of mace, and, evidently unsatisfied with stealing just one police car, hopped into another, before driving off once more at high speed.

“He takes a large container of police-issued mace with him,” Volusia Sheriff Michael J. Chitwood said of the chase.

“And now we continue the chase for another probably 8 or 10 miles.”

Further police units were called out to the incident, the urgency heightened as police radio traffic revealed the concern a police gun may have been in the vehicle.

Officers then swiftly deployed “stop sticks” – a tyre-deflation device designed specifically to stop high-speed pursuits.

Indeed, that is exactly what the devices did, stopping the stolen SUV in its tracks and leaving it smoking up.

“After units along I-95 successfully deployed stop sticks, the suspect again ran off the highway and into a muddy median around the 258-mile marker,” Volusia Sheriff Chitwood said.

Several officers then sprinted towards the vehicle before the suspect stepped out.

The man eventually surrendered, which he gestured by laying down on the ground.

The suspect has been identified as 33-year-old Xavier Javern Cummings.

On Twitter, Volusia Sheriff’s Office informed of the series of charges he’s been whacked with, writing: “Armed burglary of a conveyance, escape, fleeing, possession of a firearm by a convicted felon (x2), grand theft firearm (x2), grand theft motor vehicle (x2), driving while license suspended (habitual).”

Mr Cummings remained in jail after his arrest with no bond.

No injuries were reported following the incident.

Man Makes “Full Confession” to Stealing Both Police Vehicles; Tells Investigators He Believed He Had Permission to Take One of Them by “Mental Telepathy”

According to an arrest affidavit, Mr Cummings made a “full confession” to stealing both vehicles, one of which did, in fact, contain service weapons belonging to a K-9 handler.

Meanwhile, body camera video captured from the scene showed the man shouting, “I’m FBI, I’m CIA, I’m Secret Service agency!” as he was handcuffed, while later, he stated to investigators that he believed he had permission to take one of the vehicles by “mental telepathy”.

It is understood he also allegedly admitted to using crystal meth earlier in the day and said he had not slept for around 24 hours.

At Mr Cummings’ court hearing on 7th May, the man became infuriated after the judge ordered him held without bond.

In fact, he began shouting ramblingly at the judge, yelling out, “Illuminati, help!” as he was being led out of the courtroom.     

Police Pursuit Charges

As most people would recognise, it is against the law to lead police on a pursuit.

In fact, for those in NSW, this offence is specially named as “Skye’s Law” – which came into effect in 2010 after a horror incident in which two thieves caught up in a police chase collided into a vehicle, killing a 19-month-old baby by the name of Skye Sassine.

The intention of Skye’s Law is to deter people from engaging in police chases because driving at dangerous speeds have a high risk to cause accidents, injuries and sometimes even fatalities, which in turn have an impact on the broader community.

In NSW, the offence of police pursuit is outlined in section 51B of the Crimes Act 1900, which states that an offence takes place where the driver of a vehicle:

  • knows, ought reasonably to know or has reasonable grounds to suspect that police officers are in pursuit of the vehicle and that the driver is required to stop the vehicle, and
  • Does not stop the vehicle, and
  • Then drives the vehicle recklessly or at a speed or in a manner dangerous to others.

 Where the offence is a first offence, the maximum penalty is three years in jail, while a minimum licence disqualification period of one year also applies.

However, where the offence is a second or subsequent offence, the maximum penalty increases to five years in jail, while a licence disqualification period of five years also applies, however the court has the option to reduce this to a minimum of a two-year disqualification.

By Sahar Adatia.

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