Volusia, Flagler sheriffs' offices face lawsuits over chase that killed innocent siblings

Volusia and Flagler county sheriffs' deputies are accused of negligence and carelessness in a high-speed pursuit of a stolen car whose fleeing driver drove the wrong way on Interstate-95 and crashed into another vehicle, killing two siblings and injuring two others, according to three lawsuits filed in Volusia County Circuit Court.

Daniel Milis and Tina Milis, the parents of Domynick Donald Milis, 21, and Danycka Rose Marie Milis, 18, filed the first lawsuit in 2022. The brother and sister from Wisconsin were killed in the December 2020 crash. The crash also seriously injured a 13-year-old sibling and a 17-year-old female cousin.

Two additional lawsuits were filed in 2023. The parents filed a similar lawsuit on behalf of the minor sibling, identified as D.M. in the complaint. The other lawsuit was filed by a Kyley Larsen, the cousin who was a backseat passenger along with D.M. in the vehicle.

Deputies were negligent in their conduct of the chase, which violated the pursuit policies of both agencies, according to the lawsuits by attorneys Jesse Stern and Melanie Penagos.

All three lawsuits named as defendants Flagler County Sheriff Rick Staly and Volusia County. The 2022 lawsuit initially named Volusia Sheriff Mike Chitwood as a defendant, but was later amended to remove Chitwood because the incident occurred before the Volusia Sheriff's Office became an independent constitutional office.

Also killed in the crash was Reginald Lamar Harris, who was driving a stolen 2017 Nissan Altima the wrong way on I-95 as he tried to flee from deputies.

Volusia Sheriff Mike Chitwood said in a press conference after the crash that Harris was a 47-year-old career violent criminal from Orlando who had stolen the car from a pizza delivery driver in that city.

Both Volusia County and the Flagler County Sheriff’s Office denied the allegations of negligence and point to Harris as the cause of the deaths. They also state that, as government agencies, they have sovereign immunity from the lawsuit.

Circuit Judge Mary Jolley during a brief hearing Wednesday set Jan. 27 as the date for a one-week trial.

Jolley also granted a request by the Milis' attorneys to consolidate all three lawsuits in one case, a decision all sides agreed to.

Staly offered a settlement in the case in August 2023 but no details about the offer were contained in the court records.

The Milis siblings were following their parents, who were in another car, after the family had seen the Christmas light display at Daytona International Speedway.

Deputy spots stolen car at Walmart in Palm Coast

The chase began shortly after Flagler County Sheriff’s Deputy Kathryn Gordon and other deputies discovered a stolen Nissan driven by Harris on Dec. 29, 2020, in the Walmart parking lot in Palm Coast, the lawsuit stated.

Gordon and the other deputies only guarded three of the four exits to the Walmart, according to the lawsuit.

“As a result, Harris was allowed to drive away from the Walmart parking lot through the unblocked exit and enter the roadway, heading for Interstate-95 without utilizing any headlights or taillights,” the lawsuit stated.

That led to a high-speed chase in the southbound lanes of Interstate 95. Once the chase crossed into the county line, Volusia Sheriff’s deputies became involved. Later, Harris made a U-turn and headed northbound in the southbound lanes of Interstate 95.

Volusia Sheriff’s deputies began stopping traffic on southbound lanes of 95 but “made no such effort to stop vehicles from entering I-95,” according to the lawsuit.

Harris tried to exit the interstate by driving northbound in the southbound entrance ramp. The Milis siblings were in a Nissan Rogue traveling southbound about 7:07 p.m. on the same entrance ramp when their vehicle was struck by Harris’ wrong-way vehicle.

The Volusia Sheriff’s Office did not shut down the high-speed chase, the lawsuit stated.

“Rather, pursuant to specific orders from Sergeant Mather, (Volusia) Deputy Brett Whitson was the deputy actively pursuing Reginald Lamar Harris traveling northbound in the southbound lanes of I-95,” the lawsuit stated.

“This active pursuit included following Reginald Lamar Harris while he attempted to exit I-95 via the southbound on-ramp,” the lawsuit stated.

Lawsuit: Chase occurred in a 'negligent and careless manner'

The chase deviated from “reasonable and accepted standards of care of law enforcement agencies,” the lawsuit stated.

The crimes committed prior to the start of the pursuit “did not warrant the risk of putting other motorists in danger,” according to the suit.

Deputies knew the make, model and license plate of the car Harris had stolen. They had a physical description of Harris who had been identified by Gordon in the Walmart parking lot.

Vehicles reached 127 mph during the pursuit on I-95.

Deputies knew that Harris was operating the vehicle without headlights or tailights.

For part of the pursuit, Whitson did not activate his lights or sirens, according to the lawsuit.

Lawsuit: Policies violated

The lawsuit states that Whitson violated a Volusia Sheriff’s Office general order regarding pursuits which states that deputies will not pursue or assist in pursuits of motor vehicles for property crimes or misdemeanors or if the suspect is identified and is expected to be apprehended within a reasonable amount of time.

The Volusia Sheriff’s Office was negligent for causing fatal injuries of the two Milis siblings "by allowing and permitting their deputies to negligently and carelessly initiate and maintain a high-speed chase of Reginald Lamar Harris and creating a foreseeable zone of danger to other motorists,” according to the lawsuit.

The lawsuit states that Flagler Sheriff’s Office Deputy Gordon's actions in chasing Harris violated that agency's general orders. The lawsuit also stated that “during any vehicle apprehension, there must be due regard for the safety of all persons.”

The Flagler County Sheriff’s Office was negligent “by failing to guard against the escape of an alleged criminal leading to a high-speed chase of” Harris and creating the danger to the Milis siblings, the lawsuit stated.

Volusia and Flagler deny wrongdoing

Both Volusia County and the Flagler County Sheriff's Office denied wrongdoing in the case and asserted they are government agencies entitled to sovereign immunity from the lawsuits.

Volusia County also responded that it cannot be found liable in part "because the pursuit was not so reckless or wanting in care as to constitute disregard of human life, human rights, safety or the property of another" according to the response filed by Deputy County Attorney Kevin Bledsoe.

At the time the pursuit was initiated the officer reasonably believed the person fleeing had committed a forcible felony and the pursuit was done pursuant to a written policy on high-speed pursuits, according to the Volusia response.

The Volusia Sheriff’s Office also responded that it will seek to have any fault apportion among anyone responsible, including Harris who made an unlawful U-turn and drove recklessly and aggressively on the wrong side of the road while under the influence of cocaine.

Flagler County Sheriff Staly denied the allegations and stated that the damages were caused by the negligence and carelessness of Harris, who did not use his headlights or taillights, drove against oncoming traffic, drove at high speed and tried to flee from law enforcement, according to a response filed by his attorney, Bruce Bogan. Staly’s response also stated that he is entitled to statutory immunity and sovereign immunity.

On Thursday, Staly emailed the following statement to The News-Journal: “First, we extend our deepest sympathy to the families. It is important to remember this tragic incident occurred because of the actions of fleeing felon trying to avoid arrest. The crash which resulted in the tragic deaths occurred over 20 miles inside Volusia County. FCSO deputies followed agency policies and procedures and the attempt to apprehend the subject was terminated at the Flagler County line. Any additional questions may be directed to Florida Sheriff’s Risk Management Fund as this is still active litigation.”

This article originally appeared on The Daytona Beach News-Journal: Volusia, Flagler sheriffs' offices sued for chase that killed siblings