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Police chase crash victim Erica Flores' suit against city continues

People in 2018 called for criminal charges against South Bend Police officer Justin Gorny, and compensation to the family of Erica Flores, after Gorny crashed into her during a police chase, killing her. A grand jury declined to indict Gorny but her estate's lawsuit against him and the city continues in federal court.
Barbara Anguiano/WVPE
People in 2018 called for criminal charges against South Bend Police officer Justin Gorny, and compensation to the family of Erica Flores, after Gorny crashed into her during a police chase, killing her. A grand jury declined to indict Gorny but her estate's lawsuit against him and the city continues in federal court.

South Bend Police Chief Scott Ruszkowski so far seems to be OK with a brief officer pursuit that led to an innocent bystander’s death. But there was another chase in the city's recent past that he was not OK with.

Ruszkowski, through a spokeswoman, has declined our interview request on Wednesday’s incident, in which 58-year-old Pedro Rosales was killed in a crash with an auto theft suspect. But on WVPE’s Facebook page, the chief responded to a commenter by saying the crash happened less than a minute after the officer activated his overhead lights, and the closest officer was two blocks behind suspect Tyler Wayne Straub.

But in 2018 Ruszkowski supported the Board of Public Safety’s firing of Officer Justin Gorny, who hit and killed driver Erica Flores while driving 98 mph down Western Avenue in pursuit of a suspect. Still, eight years later, the city is defending itself against a lawsuit that Flores’ family filed against it and Gorny.

Court records show that U.S District Court Judge James Moody quickly threw out the case, ruling that Gorny had not acted with criminal recklessness, and that the city had not failed to properly train officers.

But in 2021 a federal appeals court reversed Moody, finding Flores’ estate is entitled to pursue both claims, sending the case back to the district court where it continues with discovery by both sides.

Parrott, a longtime public radio fan, came to WVPE in 2023 with over 25 years of journalism experience at newspapers in Indiana and Michigan, including 13 years at The South Bend Tribune. In his free time he enjoys pickleball, golf and spoiling his dog Bailey, who is a great girl.