Philly families file lawsuit against Pa. State Police for pursuit that ended in fiery, fatal crash in Delco

A Philadelphia woman who survived A police chase through Delaware County This spring, which ended in a fiery crash, Pennsylvania police involved in the chase filed a lawsuit, calling their actions unnecessary and unjustified.

Kemone Manning is joined in the lawsuit by the families of two people who died in the crash and a third person who was seriously injured.

Manning, 18, as well as the parents of Ka-Lyn Billups, Tyjana Motley and a minor who was not identified, filed a wrongful death lawsuit Tuesday in federal court in Philadelphia. Troopers were chasing a Ford Taurus in which the four as well as three others, had been driving after fleeing a traffic stop in Concord Township in April.

At the time, investigators said they believed one of the car’s occupants was connected to a shoplifting incident at a nearby shopping center. Troopers also said the vehicle’s inspection was expired and the temporary license plate was illegally concealed by a tinted holder.

David Inscho, the attorney who filed the lawsuit, said Wednesday that the deaths and serious injuries resulting from the crash should never have happened.

“This tragic accident occurred due to an unwarranted stop due to an alleged equipment violation, and resulted in a reckless and ultimately fatal pursuit through Delaware County in the middle of the day, placing our customers and many other people in unnecessary danger exposed,” he said.

A state police spokesman declined to comment Wednesday on the pending lawsuit.

Billups, 21, and Motley, 17, were killed April 24 when Isaiah Miller lost control of the Ford Taurus the group was driving on Route 322 in Boothwyn. Miller, 20, and front passenger Ikeam Rogers, 20, also died in the crash. Motley was pregnant at the time and her unborn child did not survive an emergency C-section, according to the lawsuit.

Manning, Bishop Young, 20, and the minor survived the crash and were hospitalized with serious injuries, including burns, broken bones and traumatic brain injuries, according to the lawsuit.

At the time of the crash, state police officers said troopers had attempted to pull over the group after spotting them at the Brinton Lake Shopping Center in Concord Township. A state police spokesman said a member of the group — he did not specify who — matched the description of a suspect from a previous shoplifting incident at a Lululemon store there.

Officer Daniel Sgambato, stationed at the mall in an unmarked vehicle, attempted to pull over the Taurus, the lawsuit said.

Miller, the driver, sped away from the stop, leading Sgambato and Trooper Jason Eckman on a five-minute, six-mile chase. During the chase, Miller maneuvered in and around rush hour and made illegal turns against the flow of traffic, the complaint said.

Inscho, the attorney, said the officers should have recognized that the “low danger” of allowing Miller to flee a stop because of problems with his vehicle did not outweigh the “high danger” of the reckless driving he used to to avoid them.

The troopers had other options, including using the vehicle’s license plate number to track the owner, and steering the vehicle toward another trooper in the area who was about to deploy spike strips to get the Taurus out to switch, according to the lawsuit.

The filing also calls for a review of state police pursuit policies, citing a similar pursuit a few months earlier.

In that incident, four people allegedly stole $5,000 worth of merchandise from the same Lululemon store. Troopers chased the group, all from Philadelphia, onto I-95, where they struck the car, disabling it. No one was injured in the collision and the car’s occupants are facing criminal charges for receiving stolen property and related crimes.

Speaking about the April incident, Inscho said: “We represent two families who have lost children, and two others who have been significantly injured and whose lives will be changed as a result. We want to hold state police accountable and ensure this doesn’t happen again.”