Family of Colby Ross plans to sue sheriff, says police chase violated policy

Ross’ widow and father spoke alongside their legal team Wednesday outside the offices of Wright & Schulte in downtown Dayton.

“The reason we’re here today is because of the reckless actions of the Montgomery County Sheriff’s Office,” attorney Michael Wright said, citing “flagrant disregard” of policies and procedures regarding high-speed chases.

The Ross family is represented by Wright, Shean Williams of The Cochran Firm in Atlanta and Benjamin Crump. The attorneys say they are demanding the release of the full pursuit video and the investigative report that names the deputies involved and their roles. They said a wrongful death lawsuit is pending, while they investigate and wait on the video and report from the county.

“We’re waiting for them to answer our public records request without all the redactions, so that we can finish and properly prepare the lawsuit to file against the county,” Wright said.

Montgomery County Sheriff Rob Streck said in May that after officers used a tire deflation device on Hutchins’ vehicle, a deputy in a marked patrol car pursued her, while waiting on the confirmation that a law enforcement helicopter was overhead and locking onto the suspect vehicle.

Streck said that sheriff’s office policy allows pursuits in conjunction with air support because of the success in catching fleeing suspects who believe the pursuit is over and slow down or abandon the car and run on foot.

“That was the plan for this incident,” Streck said.

The Ross family’s attorneys on Wednesday criticized the chase. Williams said the pursuit did not meet the criteria needed for a high-speed chase, as outlined in Sheriff’s Office policy, and that deputies violated both state law and departmental policy by not exercising due care in a pursuit. They said Hutchins of Trotwood, was not wanted on felony charges.

Williams argued that “no one” enforces existing department policies.

“It’s about safety,” said Crump. “If the Montgomery County Sheriff’s Department isn’t following the safety rules, then God help us.”

The victim of the crash, Colby Ross, was a bystander killed on his way to work, and represented the best of the Black community, attorneys said. Skip Ross said his son, who worked in video and audio production, also was his operations manager, his business partner and was on his way to running a network across the country.

Ross was also the father of two children, a 13-year-old son and a 15-year-old daughter.

“This could happen to your family next.” Williams said. “This family deserves better, this community deserves better.”

“He was everything to everyone” said Chenea Ross, Colby Ross’ widow. “He was the type of dad who went on every single field trip ... It’s hard to go to football practice and now your dad’s not there.”

Williams said he considers these chases a nationwide problem. He and Wright also represented the family of Tamia Chappman, a 13-year-old bystander who, in 2019, was struck by a vehicle during a police chase in Cleveland. The wrongful death lawsuit was settled in April for $4.8 million.

A different set of attorneys is handling the ongoing lawsuit against Troy police, after their chase of a suspect in March 2021 resulted in the death of Chelsey Vollmer and injuries to her child.

The Ross family’s attorneys accused law enforcement of conducting high-speed chases in disadvantaged or predominantly minority communities, while stopping or avoiding chases in more affluent areas.

“And that is a betrayal of trust for the West side of Dayton community” Crump said.

Montgomery County Sheriff’s Office officials did not comment after Wednesday’s press conference.

The crash led the Dayton Unit NAACP to demand harsher penalties for drivers who cause deadly crashes and call for uniform law enforcement policies regarding when to pursue a suspect.

Hutchins is charged with involuntary manslaughter, three counts each of aggravated vehicular homicide and failure to comply with the order or signal of a police officer, one count of possession of cocaine and two misdemeanor OVI charges.

A Butler Twp. police officer broadcast around 4:40 p.m. May 20 that a white SUV was wanted for felony failure to comply charges after an attempted traffic stop in the Miller Lane and Benchwood Road area. The SUV’s driver, identified as Hutchins, fled from police during rush hour south on Interstate 75 in a construction zone, Streck said previously.

About three hours later, a plainclothes sheriff’s detective in an unmarked vehicle saw the white SUV on Free Pike, according to Streck.

Speeds during the three-minute pursuit approached 90 mph. Dash camera video shows Hutchins spun out once at the Hoover Avenue intersection, narrowly missing another car. She started south again before officers could stop her.

“The driver accelerated, running the red light at West Third Street and narrowly missing several stopped vehicles,” Streck said in May. “The vehicle struck a BMW convertible that was headed eastbound on U.S. 35. The BMW was forced into the westbound lane, where it struck a black pickup truck. The driver of the BMW was ejected from the vehicle. Although deputies immediately provided aid and requested fire and medics who were stationed nearby, the driver and sole occupant of the BMW was transported to a local hospital where he succumbed to his injuries.”

Montgomery County court records show Hutchins has a long history of lower-level criminal cases, involving theft, drug possession and traffic offenses. She remains held on $500,000 bail in the Montgomery County Jail.