The pursuit began around 8 a.m. when a Troy officer attempted to pull over a vehicle believed to be driven by Alexander on the city’s east side, but it fled out of the city on Ohio 202. Police had warrants for his arrest for alleged previous offenses.
The crash and Vollmer’s death are the topic of a civil lawsuit filed in Montgomery County Common Pleas Court in late January 2023 by Marsha Gillespie, administrator of Vollmer’s estate, against the city of Troy, officers Shane Marker, John Marshall and Zachariah Mumford and Chief Shawn McKinney. Also named as a defendant is Tashaya Tipton of Dayton, whose car Alexander was driving and who was injured in the collision.
The lawsuit contends the pursuit lasted over 11 miles with speeds exceeding 120 mph, including running through intersections, going left of center and almost striking other vehicles, with Marker pursuing Alexander’s vehicle while under the supervision of Marshall, Mumford and McKinney. The suit claims McKinney instructed Marker to cease pursuit once the vehicles reached Huber Heights’ traffic.
At 40 and 202, Alexander continued speeding through a red light, hitting Vollmer’s vehicle in the intersection in what the suit describes as a “horrific and preventable collision.”
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The police are accused of having “participated in, ratified, encouraged, condoned and failed to terminate or order termination of this extremely dangerous vehicular pursuit on congested and busy public roads even though they knew they must do so in light of their pursuit policy, safety of the public and the fact they had properly terminated six of 12 pursuits for safety reasons during the prior year (2020).”
Tipton is named as a defendant as owner of the vehicle and allowing Alexander to drive it while allegedly knowing he was “an unlicensed and incompetent driver.”
The lawsuit seeks a jury trial and damages from the city of Troy, the police officers and Tipton along with punitive damages and attorney fees.
In an answer to the complaint, the city denies allegations of wrongdoing. The officers were carrying out their duties, acted “lawfully, properly, in good faith and with due probable and proper cause” and are protected by legal immunity, the city contends.
The city and officers ask the court to dismiss the complaint and issue a judgment in their favor.
The city argued that the lawsuit should have been filed in Miami County instead of Montgomery County. A subsequent motion seeking to move the lawsuit to Miami County was denied.
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