Post by KC on Jun 30, 2006 20:01:34 GMT -5
Officer Jason Matthew Brown
June 30, 2006 - A Louisville Metro Police officer has been cleared by a grand jury of criminal wrongdoing in a fatal crash after telling jury members he didn't know he was driving the wrong way on a one-way street before causing the wreck.
Officer Jason Matthew Brown could have faced a felony charge of reckless homicide in the Jan. 30 death of Derek Butler, but Brown's testimony, coupled with the facts that he was rushing to help an officer and there were no wrong-way signs, severely weakened the case, Jefferson Commonwealth's Attorney Dave Stengel said.
"We had real reservations, and we explained that to the grand jury," said Stengel, whose office made no recommendation to the grand jury.
Butler's cousin, Evita Dawson, who lives in Baltimore, said she was disappointed but not surprised by the grand jury's decision.
"It seems like (police) get away with everything," she said. "I guess if you have a badge, you're qualified to kill anybody by any means necessary."
Meeting with reporters at her home last night, Butler's mother, Marsha Butler, broke into tears when asked if she was surprised by the decision.
Brown could not be reached for comment but his attorney, Steve Schroering, released a statement saying that the officer "extends his sympathies to the family of Derek Butler for their tragic loss." Schroering said the decision illustrates that "this was a horrible accident and not a criminal act."
It's now up to Louisville Metro Police, who in February found Brown at fault for the fatal wreck, to decide if any internal action should be taken against the officer.
Brown has been on administrative leave since the wreck that killed Butler, a local musician who was heading home from choir practice.
Police are conducting an internal administrative investigation, and results will be announced in the next 60 days, police Chief Robert White said.White also said police department policies, including driving the wrong way down a street in an emergency situation, could be reviewed in light of the investigation.
"My heart goes out to the family," White said. "I've very sympathetic for the loss of their loved one."
On the night of the crash, Brown was rushing to the 2200 block of Cedar Street to help an officer catch a fleeing drug suspect.
He had on his lights and siren when he drove the wrong way down Dr. W.J. Hodge Street (formerly 21st Street) and hit Butler's Mitsubishi at the Market Street intersection.
Butler, 38, of the 1200 block of South Floyd Street, died at the scene. A man driving a Ford Explorer, whom police have not identified, also was injured.
Stengel said grand jurors heard from Brown, a police accident reconstructionist and a sergeant from the police integrity unit.
Stengel also said grand jurors were told of Brown's past driving record, which includes several traffic violations and a wreck in 1999 that killed 74-year-old William O'Bannon.
Brown, then 17, was attempting an improper lane change when his pickup hit O'Bannon, who was standing behind his truck after running out of gas in the space between the merging lane on Watterson Expressway next to Crittenden Drive, according to the accident report.
Before becoming an officer, Brown was stopped by police four times between 1998 and 2001. He was charged with reckless driving, running a traffic light, disregarding a stop sign, having expired plates, failing to produce his insurance card and speeding.
Brown pleaded guilty to disregarding a traffic light and a stop sign in separate 1998 incidents, and speeding 18 mph over the limit in 2001. A reckless-driving charge in 1998 was amended on the condition that he attend traffic school.
An expired registration charge, seat-belt infraction and a citation for failure to produce an insurance card all were dismissed in 2001.
www.courier-journal.com/apps/pbcs.dll/article?AID=/20060628/NEWS01/606280504/1008/NEWS01
