Louisville Officer Sued in Wrongful Death
Posted on Jan 29, 2011 3:55pm PST
In Louisville, Kentucky, the Courier-Journal has reported that an officer with the Metro Police is being sued for the wrongful death of a woman killed, when the two collided in a
car wreck on May 22.
The lawsuit pits the family of Sarah Bearden against Detective James Adams for allegedly breaking the law, and violating police procedures, in the accident that occurred on North Hurstbourne Parkway and Headley Hill Road.
Chad Gardner, representing the Bearden family said, "This lawsuit is about Sarah Bearden and her 22-year young life that was lost ... and the family's desire to seek some accountability and some answers in her honor."
Officer Adams was suspended for 30 days - the department's strictest discipline just short of being fired - this past January.
In his letter of suspension, the department had determined that Adams violated department policy regarding speeding, while off duty. Adams was driving over 80 mph in a 45 mph zone.
A grand jury declined indicting Adams on either charge of manslaughter or assault in November. The police departments own professional standards unit then began its investigation to determine what violations of departmental policies Adams may be guilty of.
Another attorney representing the Bearden's, John Robinson, said that when the family was not allowed to either testify, or participate, in the police investigation they felt compelled to file their lawsuit seeking unspecified damages.
Robinson said, "This was not an easy decision...They felt they had to take this stand."
Robert White, the Metro Police Chief, said that he determined that suspending Adams, instead of terminating him, was the appropriate discipline. He said, "His speed contributed to the accident, as well as her actions."
Bearden's blood-alcohol content proved to be 0.131 and the state's level for drunken driving is 0.08. Gardner questions the blood-alcohol report and believes, "Alcohol did not kill Sarah Bearden, speed killed Sarah Bearden."
Bearden had spent the day of the crash with her parents attending a party for a friend graduating college. Her parents stated that Sarah had a couple of glasses of wine before she departed.
Adams, as per investigative documents, was driving to a video rental kiosk before he was to report in at his off-duty security job at Papa John's. His shift was due to begin at midnight.
Within a mile of turning his unmarked 2010 Ford Edge south on Hurstbourne Parkway from Westport Road, he saw Bearden's headlights crossing the road in front of him. He thought a head-on collision would be inescapable.
The investigation proved that he was driving 80 mph around a curve and down a hill. He told investigators that he sped up only in an attempt to swerve around Bearden. Instead, he ran into her 1995 Volvo 850.
The impact sent her car spinning into the road's shoulder.
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