Angela Born
HUNTINGTON – The family of a woman who died last month in a high-profile incident along I-64 in Putnam County has filed a federal lawsuit alleging police officers caused the fatal accident.
John M. Born, executor of the estate of Angela Marie Born, filed the complaint April 10 in federal court against the Putnam County Commission, Putnam County Sheriff’s Deputy C. Ford, the City of Hurricane and unnamed Putnam County and Hurricane officers.
Angela Born died March 5 in an accident on Interstate 64 when her automobile exploded after being slammed by a vehicle driven by Joseph Ryan Elswick, who was engaged in a high-speed chase with Putnam County and Hurricane officers. Angela Born was an entrepreneur widely known for her strawberry farm, an innkeeper and a businesswoman. She was the mother of six children.
diTrapano
“This is an unbelievably tragic case involving the loss of an innocent person under circumstances that, as alleged, never should have occurred,” attorney L. Dante diTrapano told The West Virginia Record. “Angela Born was a wife, a mother, and by all accounts a tremendous member of this community who was simply going about her day when everything was taken from her family in an instant.”
Born was the mother of six children, and the family owns Country Road House and Berries, a bed and breakfast and strawberry farm in Clendenin.
According to the complaint, the events leading up to Born’s death began with a report of Elswick stealing a Jeep and purse from his grandmother. Ford located the Jeep, identified Elswick and engaged in an “extended vehicular pursuit that turned into a high-speed chase along country roads and secondary routes through Putnam and Cabell counties, even though there was no indication of extraordinary circumstances or a public danger.”
Other defendant officers joined the pursuit and forced Elswick onto I-64 in Hurricane during mid-afternoon traffic.
“As the pursuit dangerously continued onto I-64, police officers from the City of Hurricane activated a tire deflation device, also known as spike strips, near an entrance ramp, notwithstanding multiple lanes of heavy traffic, including the vehicle operated by Angela Marie Born,” the complaint states. “While traveling at an extraordinarily high rate of speed, Elswick weaved in and out of the bumper-to-bumper traffic, passed vehicles illegally at times, and attempted to avoid the spike strips.
“In the far-right lane, he crashed into the back end of the automobile driven by Angela Marie Born. The impact forced her vehicle across two lanes of traffic and into the median, where it burst into flames.”
Born, 52, died at the scene.
“Angela was traveling for business purposes in a company-owned car,” the complaint states. “At that time of day, I-64 was filled with heavy traffic, with large trucks, cars and other vehicles moving at speeds of 55-70 miles per hour.”
Elswick, according to the complaint, was located in the stolen Jeep on Trace Creek in Putnam County at 2:48 p.m.
“Ford reported no actual danger to any person created by Mr. Elswick’s actions prior to the time he encountered Elswick,” the complaint states. “Ford activated the lights and sirens on his patrol vehicle, signaling for Elswick to stop and pull over. Elswick did not stop, instead proceeding to drive away from Deputy Ford. Defendant Deputy Ford followed after Elswick, lights and sirens flashing.
“Elswick began driving more recklessly and at a higher speed, and Deputy Ford followed him closely.”
Ford radioed dispatch to say he was chasing Elswick, but the complaint says he did not receive authorization from his supervisor to engage in a high-speed pursuit. Elswick was driving at speeds up to 120 mph, swerving over the road and into oncoming traffic. The chase then entered Cabell County and went onto I-64 East at the Milton exit ramp.
“Ford possessed no information or reasonable suspicion that Elswick was involved in a violent crime or presented an imminent threat to the community,” the complaint states. “Ford made no attempt to pursue alternative enforcement measures. …
“The identity of the driver of the Jeep, Joseph Ryan Elswick, was known to the police and he could have been apprehended later, without any significant increase of risk to the community.”
Other defendant officers heard the report of Ford over the radio and joined in the high-speed chase, the complaint states. Hurricane police officers activated spike strips near the Hurricane entrance ramp on I-64, which is about eight miles east of the Milton exit.
“Key factors to consider in deciding whether to use (spike strips are) suspect speed, road surface, weather, suspect vehicle type and whether the target area is populated,” the complaint states. “Officers did not clear or halt traffic on I-64 prior to activating the spike strips.”
Elswick encountered the spike strips and tried to avoid them, swerving in and among other vehicles on I-64 and passing vehicles on the shoulder.
“Elswick’s vehicle then collided into the rear of the vehicle driven by Angela Marie Born in the far right lane,” the complaint states. “The impact of the collision caused the vehicle driven by Angela Marie Born to cross two lanes of the highway, crashing into the median with such force that Angela’s vehicle burst into flames with Angela trapped inside.”
John Born received a crash alert from Life 360 that Angela Born had been in a crash at 3:08 p.m.
“After considerable efforts, police officers removed Angela Marie Born from her burning vehicle and attempted to revive her, to no avail,” the complaint states.
Elswick was charged with aggravated vehicular homicide, grand larceny, fleeing from law enforcement officer in vehicle showing a reckless indifference to safety of others, and fleeing from law enforcement in vehicle causing death.
“The Born family has a tremendous and shocking loss that has ripped their world apart,” diTrapano told The Record. “But through their faith and perseverance they are bravely seeking accountability for what happened, not only given the void that now exists in the lives of the family, but also so that hopefully such a tragedy never befalls someone else’s loved one.
“They look forward to their day in court and helping to shine a light on such dangerous pursuits and needlessly tragic situations.”
The complaint accuses Ford and the unknown officers of violating Angela Born’s due process rights under the Fourteenth Amendment, and it also accuses the unknown officers – particularly the supervisors – of bystander liability who “chose not to act and failed to take any action to halt the high-speed pursuit and use of … spike strips.” All defendants are accused of negligence. The Putnam County Commission and City of Hurricane are accused of negligent training, negligent supervision and for Monell liability.
Forbes
“There are supposed to be protocols in place to keep civilians safe during law enforcement pursuits and to disengage those pursuits when they become too dangerous,” attorney Jesse Forbes told The Record. “But sadly, as alleged here, and given the information that has come to light so far, there are serious questions about how this pursuit was allowed to continue for so long onto a highway and ultimately to have spike strips deployed in such a heavily trafficked area.
“While law enforcement plays a critical and respected role in our communities, those actions must always be carried out in a manner that does not place innocent lives at risk.”
The estate seeks compensatory damages, general damages, punitive damages, pre- and post-judgment interests, court costs, attorney fees and other relief.
The estate is being represented by diTrapano, Charles Bellomy, Amanda Davis and Timothy Houston of Calwell Luce diTrapano in Charleston and by Jesse Forbes, Jennifer Taylor and Michael Heidenrich of Forbes Law Offices in Charleston. The case has been assigned to U.S. District Judge Robert C. “Chuck” Chambers.
U.S. District Court for the Southern District of West Virginia case number 3:26-cv-260
