People v. Lusby CA1/3

BACKGROUND

On August 15, 2023, an officer in a marked police vehicle in Napa County noticed a black Infinity sport utility vehicle (SUV) traveling in the middle of the day without a front license plate. The driver, a heavyset, light- skinned Black male with “poofy hair,” was later identified as Lusby. A tinted license plate cover obscured the rear license plate — a violation of the Vehicle Code. The officer attempted to conduct a traffic stop, but Lusby sped through 1 a red light at the intersection. The officer activated emergency lights and sirens in pursuit. Lusby sped away. Though the officer was driving approximately 90 to 110 miles per hour — the speed limit on the road was 45 miles per hour — the distance between Lusby and the officer grew, indicating he was driving much faster than the officer. He weaved in and out of traffic, making unsafe lane changes. After two minutes, the officer stopped the pursuit due to its speed and bystander traffic. The officer’s dash camera recorded the pursuit and, using a database, the officer located the SUV’s license plate. A records check revealed the SUV was “wanted for some type of felony.” Two days later, another officer saw the same…