WRAL Investigates Exclusive: High speed chase, arrest raise questions about use of force

Following a tip, WRAL Investigates obtained dash camera videos from several North Carolina State Highway Patrol cruisers following a high-speed chase and high-intensity arrest back in October.

The tipster questioned the use of force by troopers once the driver’s vehicle came to crashing stop.

It started on westbound Highway 264 in Wilson County when Trooper Austin Batchelor hit the blue lights when he noticed a Honda sedan going 101 miles per hour.

The driver took off, at times reaching speeds of 120 miles per hour, weaving in and out of traffic. Other troopers joined the chase.

Audio records from the troopers taking part gave those in a Raleigh a play-by-play.

"He’s still all over the road. he’s nearly side swiping traffic left of center," one trooper said.

Stop sticks caused the driver to spin out, but the driver then rams the trooper’s car and takes off again.

"He’s driving in reverse. He just did a j-turn," described one trooper.

As for the initial trooper involved, Batchelor decided the chase had to end after his car was struck, "he hit me, he hit me. I’m taking him out."

After other failed attempts to stop the car, Trooper Batchelor uses a so-called pit maneuver by bumping the vehicle from behind, forcing the driver off the road and into the median safety cables.

That’s when the tension picked up.

"Show me your hands, show me your hands. stick your hands out the window," Trooper Batchelor can be heard yelling at the driver.

He then breaks out the back window for a better view inside the car. As the driver emerges with hands held up, he holds an object, which turns out to be a cell phone. Batchelor swings his flashlight appearing to hit the driver’s arm. Then troopers pounce.

This is the audio narrative that followed:

Driver: Ah, don’t beat me up, don’t beat me up.

Driver: Ah man, come on, man. I'm giving you my hands. Come on, bruh.

Trooper: Shut the f#*# up!

Driver: Okay, okay.

Driver: I’m sorry.

Trooper: What the hell’s your problem?

Driver: I’m sorry.

Trooper: You realize how many people you could have killed right now?

Driver: Yes, sir.

Trooper: You’re an idiot.

Driver: I’m sorry.

The question we wanted to pose to experts is whether the force used in the arrest was necessary.

"Excessive use of force," says Kerwin Pittman, who serves on the governor’s task force for racial equity in criminal justice. We showed Pittman the video, who was disturbed by what he saw.

"It’s just out of control and out of order. It’s really somewhat triggering to continuously watch videos like this hoping they would get it right."

Wellington Scott, a retired trooper who now trains law enforcement as chief operating officer of the National Command and Staff College, saw things differently,

"It looks rough to the general public that don’t have to deal with controlling subjects," Scott said.

After viewing the video, he called the chase textbook. As for the arrest, Scott notes the driver was on his feet in less than a minute after take down.

"Adrenaline is flowing and now they’ve got to get this guy under control as quickly as possible," he said.

We questioned Scott about parts of the video where you can clearly see troopers striking the driver and his thoughts on how that’ll play out in public perception. Scott agrees there’s a fine line, "I’m not saying it’s appropriate to smack the heck out of somebody, but that was all-in an effort to get that person under control for that moment."

The highway patrol declined our request for an interview about the stop, but did issue this lengthy statement:

As we indicated in our October 28 email to you, a copy of which is attached for your convenience, this incident began when the suspect was clocked going 101-mph in a 70-mph zone. the suspect failed to yield to blue lights and siren and a pursuit was initiated. during the course of the pursuit, which lasted more than 15 minutes, members attempted to utilize tire deflation devices as well as the precision immobilization technique (p.i.t.). these attempts were unsuccessful, and the pursuit continued through wilson and into wake county, with the driver operating his vehicle in a careless and reckless manner, including striking a patrol vehicle and traveling the wrong direction on us 64. ultimately, a successful p.i.t. Was performed and the suspect’s vehicle became disabled in the median guardrail of us 64 in wake county.
Troopers approached the vehicle as the driver began exiting from the driver side. the driver appeared to have an object in his right hand and a trooper struck the hand with his flashlight knocking what was later determined to be a cell phone away. the driver was taken to the ground while verbal commands to comply were given by the responding members. the driver was not immediately compliant and distraction strikes were utilized by members to effect the arrest.
As there are pending charges involving the arrested individual, we would not be able to provide further comment or honor your interview request. additionally, we would not be at liberty to discuss if there are any ongoing personnel matters.

Pittman isn’t buying the patrol’s explanation.

"It’s extremely egregious to see him continue to be hit. Now, distraction strikes? One may call it, I call it excessive force."

Troopers walked the driver, now identified as 48-year-old Robert Ethridge, back to the patrol car. In-car video shows grass in his hair, but no visible bruising or blood.

A paramedic checks Ethridge over and asks him if he’s hurting anywhere and you can hear Ethridge respond, "They kicked me all in my face."

At his request, an ambulance takes Ethridge to the hospital where he was cleared and sent to jail on multiple felony charges, including assault on a law enforcement officer and driving while impaired.

We called, texted and went to the address on the highway patrol’s incident report to hear Ethridge’s side of the story, but he did not respond.

As for the proper level of use of force, that debate is up to each viewer to decide. Pittman and Scott simply don’t agree.

"It was rough, but it wasn’t abusive," says Scott.

"I understand emotions could be high, but you’re trained to kind of suppress these emotions and make the best decisions when things like this happen and clearly the best decisions wasn’t made," argues Ethridge.

WRAL Investigates will continue to follow this case to see if any action is taken against the troopers involved, as well as the outcome of Ethridge’s criminal case.