Law enforcement: What does it mean

[asus]

Jacksonville officer in fatal crash didn't have emergency lights on, lawyer says - No charges filed.
Officer told investigators otherwise in wreck that killed elderly man

* By Jim Schoettler
* Story updated at 5:42 AM on Wednesday, Feb. 25, 2009

A Jacksonville lawyer for a woman hurt after her car was struck by a speeding police car that killed another driver said today witnesses saw the officer driving without his emergency equipment on, which a Sheriff's Office official said is required by law.

Officer Marcus Kilpatrick told investigators that he had his car's emergency lights on, but not his siren, when he plowed into a truck that killed 86-year-old Matthew Brice Ogden Jr., a police union attorney said. The Jan. 14 accident on Merrill Road occurred while Kilpatrick was driving nearly an estimated 98 mph trying to catch up with a traffic violator in the 40-mph zone, the Florida Highway Patrol said.

Kilpatrick's patrol car struck Ogden's pickup truck as the man was turning from the center lane into a parking lot about 1 p.m. Both cars spun and the truck then struck the patrol car. The patrol car then drove into the driver's side of a stopped car about to leave the parking lot.

Ogden wasn’t wearing a seat belt and was thrown through the passenger window of his truck. He was pronounced dead at the scene. Kilpatrick suffered minor injuries, as did the driver of the third vehicle, Robyn McCormick, 33.

McCormick's lawyer, Henry Gare, said Ogden's insurance agents told him that witnesses said the police car had neither its lights nor siren on. Gare said McCormick did not see the police car coming. She suffered a shoulder injury that will require months of therapy, Gare said.

Gare's account reflects a report by the Highway Patrol that some witnesses contradicted initial indications that Kilpatrick's emergency lights were on. Highway Patrol Lt. Bill Leeper said the account is still being investigated.

Gare said Kilpatrick should have had his emergency equipment on. Under state law, police are allowed to operate in an emergency mode and exceed the speed limit to overtake a traffic violator as long as that action does not endanger the public, said Sheriff's Office Chief of Patrol David Stevens.

“It was still a violent collision with her [McCormick's] car, that’s just how incredibly fast he was going,” Gare said. “There are reasons why they need lights and sirens on so tragedies like this don't happen."

Gare said he has notified the city that he is representing McCormick and is investigating the accident. He has yet to file a letter of intent to sue.

Ogden's stepson, Douglas Berreth, said he is considering hiring a lawyer to investigate the case.

The Highway Patrol and Sheriff's Office have not complied with Times-Union requests to reveal the nature of the unidentified violator's offense and some other details regarding the accident. Sheriff's Office spokeswoman Lauri-Ellen Smith said this afternoon that her agency has been told by the State Attorney's Office not to release the information because it is part of the ongoing investigation. Assistant State Attorney Mark Borello confirmed Smith's account.

Kilpatrick, an officer since 2004, remains on duty in traffic enforcement. Police have not had an administrative hearing into the matter because the Highway Patrol has yet to finish its traffic homicide report. Borello said he was meeting with the investigator this afternoon.

Kilpatrick has declined to comment. Police union attorney Paul Daragjati said while Kilpatrick was driving faster than the speed limit, he was doing so properly to catch up with a traffic violator.

State and court records show that Kilpatrick was cited for speeding twice in 1998 and once in 2000, before he joined the Sheriff's Office.

Department records show Kilpatrick has had exemplary job reviews since being hired. He has had one accident, when he backed into a parked vehicle in 2006. Records also show he was cited for failing to observe a stop sign in 1999 and was operating a vehicle with defective equipment in 2005.

Read Jacksonville.com and Wednesday's Times-Union for updates.
http://www.jacksonville.com/news/metro/crime/2009-02-24/story/jacksonville_cop_in_fatal_crash_didnt_have_emergency_lights_on_law