Musician Jenny Wood, severely injured during police chase, sues city of Wichita
Wichita musician Jenny Wood has filed a lawsuit against the city government, claiming a police officer’s bad decisions in a high-speed chase caused a deadly crash that killed two of Wood’s family members and left her with severe disabilities.
The lawsuit stems from a pursuit that ended when the fleeing driver of a stolen BMW sport-utility vehicle T-boned the Wood family’s car at the corner of Broadway and Douglas on May 5, 2019.
Wood’s mother, Maria, and her 12-year-old niece Rosemary “Rosie” McElroy died from injuries sustained in the crash. Jenny Wood was critically injured and barely survived, but with permanent disabilities, the lawsuit says.
“This tragic case arises from a total lack of training of a Wichita Police Department officer,” the lawsuit alleges. “Because of this lack of training, Officer Joshua Gilmore initiated a high speed pursuit through downtown Wichita on a busy Sunday afternoon. The chased vehicle was driving at highway speeds of up to 75 mph through downtown Wichita. Predictably, the chase ended up with a horrible collision that killed Jenny Wood’s mother and niece and left Jenny with severe disabilities.”
Among her injuries were brain trauma and bleeding, a skull fracture, seven broken ribs, multiple pelvic fractures and a broken collarbone, the lawsuit said.
The lawsuit seeks damages in excess of $75,000, an amount that establishes a legal starting point but is certain to rise as the case proceeds. Wood’s medical expenses alone totaled more than $267,000, said the lawsuit filed Thursday by her lawyer, former U.S. Attorney Randy Rathbun.
City officials had no comment, said Jim Jonas, city spokesman. The city’s usual procedure is not to comment on pending litigation.
The crash occurred when the family was driving eastbound on Douglas to East High School, to attend the graduation of Rosie’s sister, Catalina, from the school’s International Baccalaureate program, the lawsuit said.
Gilmore was on his way to assist at a traffic problem at 21st and Broadway, but broke off near 12th and Broadway when the optical plate reader in his police car alerted him to a plate matching a stolen vehicle. When he started following the BMW, the occupants went down an alleyway into a parking lot.
When Gilmore turned on his flashing lights, the BMW bolted and headed southbound on Broadway. Gilmore gave chase, although he fell behind because had to stop for traffic and pedestrians on the street and had fallen several blocks back when the fatal crash occurred, the lawsuit said.
“Officer Gilmore and the WPD totally ignored established policy and state law in initiating and continuing a high speed pursuit through downtown Wichita on a Sunday afternoon,” the lawsuit says. “The catastrophic losses in this case were a direct result of a lack of training and a failure to make reasonable decisions.”
The case drew widespread attention in the media because Wood, a former Nashville performing artist, has been and remains a popular figure on the local music scene since returning to Wichita to be closer to family. She’s resumed performing on a limited schedule.
The BMW in the crash was driven by Mia Collins, a 24-year-old Douglass woman. At the time, she was on probation for stealing a handgun in Oaklawn, Sedgwick County District Court records show.
She also was charged with theft of a 2010 Nissan Cube, but that was dropped in exchange for a guilty plea on the weapon charge, court records show.
Her passenger, 38-year-old Christopher English of Wichita, was on parole, according to prison records.
English had been released from prison in February 2019 after serving a sentence for fleeing or eluding law enforcement in Sedgwick County two years ago, online Kansas Department of Corrections records show.
His criminal history stretches back to childhood, and he has been in out and of prison repeatedly, according to court records.
Collins and English were also hurt in the crash, but had no life-threatening injuries, police said at the time.
Contributing: Amy Renee Leiker of The Eagle
This story was originally published August 13, 2020 at 3:57 PM.
