06-20-2008, 03:16 AM
FORT LAUDERDALE
Officer cleared in traffic death
The Broward state attorney's office won't file charges against a Fort Lauderdale police officer who struck and killed a pedestrian on Sistrunk Boulevard.
Posted on Thu, Jun. 19, 2008reprint print email
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BY DIANA MOSKOVITZ
dmoskovitz@MiamiHerald.com
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Document | State Attorney's office reasoning
The Fort Lauderdale police officer who struck and killed a pedestrian while rushing to a report of shots fired won't face criminal or traffic charges, the Broward state attorney's office said Wednesday.
On March 29, 2007, Donald Perry, 49, was crossing Sistrunk Boulevard near the 1300 block when he was struck and killed by an unmarked police car, driven by Officer Christopher Young-Tem.
The report of shots fired at Lincoln Park, which several people called in to 911, turned out to be false.
Young-Tem was going faster than the posted 35 mph speed limit, investigators concluded, with Fort Lauderdale police investigator Jill Hirsch estimating his speed at 46-62 mph and analyst Donald J. Felicella estimating 44-57 mph.
But in documents released on Wednesday, state attorneys said they believe state law allows emergency vehicles such as police cars to speed when responding to an urgent call, as long as the driver doesn't endanger life and property.
The decision goes against the recommendation of Hirsch, who suggested that Young-Tem be charged with a traffic infraction for ''speed too fast for conditions,'' according to the documents.
The news brought little relief to the Perry family, who had hoped for traffic charges.
''You can drive an unmarked car in the city of Fort Lauderdale, if you are police in an emergency vehicle, at any speed necessary just to get to a call,'' said Les Perry, Donald Perry's brother and a lieutenant with the Denver police. ``That is crazy.''
On Wednesday, the Broward state attorney's office released documents detailing why it decided to not charge Young-Tem.
Among the reasons:
• Young-Tem was on duty and heading to a report of shots fired at a public park.
• Donald Perry stepped into a section of roadway without a traffic signal or crosswalk.
• While there were conflicting accounts of whether the car's emergency lights were on, the attorneys chose to side with those who said the lights were on.
• At the time, Donald Perry had a blood alcohol level of 0.2, higher than the legal limit of 0.08.
''Your brother made the conscious decision to step off the curb into the street, outside of the crosswalk. While it can be argued that the officer endangered the life of the pedestrian, it can likewise be argued that your brother created the zone of risk himself by stepping off the curb into oncoming traffic,'' wrote Assistant State Attorney Stefanie Newman in a letter to Lt. Les Perry.
``In this situation (one and a half seconds), the officer did not have sufficient time to perceive, react and avoid these tragic circumstances.''
After the accident, Young-Tem, now 31, was placed on administrative leave, then returned to full duty, with the exception that he could not drive a police car when responding to emergency calls.
Young-Tem's privileges could be fully restored this week, but there also will be an internal affairs investigation, police spokesman Sgt. Frank Sousa said.
Officer cleared in traffic death
The Broward state attorney's office won't file charges against a Fort Lauderdale police officer who struck and killed a pedestrian on Sistrunk Boulevard.
Posted on Thu, Jun. 19, 2008reprint print email
Yahoo! BuzzFacebook Digg del.icio.us AIM
BY DIANA MOSKOVITZ
dmoskovitz@MiamiHerald.com
Related Content
Document | State Attorney's office reasoning
The Fort Lauderdale police officer who struck and killed a pedestrian while rushing to a report of shots fired won't face criminal or traffic charges, the Broward state attorney's office said Wednesday.
On March 29, 2007, Donald Perry, 49, was crossing Sistrunk Boulevard near the 1300 block when he was struck and killed by an unmarked police car, driven by Officer Christopher Young-Tem.
The report of shots fired at Lincoln Park, which several people called in to 911, turned out to be false.
Young-Tem was going faster than the posted 35 mph speed limit, investigators concluded, with Fort Lauderdale police investigator Jill Hirsch estimating his speed at 46-62 mph and analyst Donald J. Felicella estimating 44-57 mph.
But in documents released on Wednesday, state attorneys said they believe state law allows emergency vehicles such as police cars to speed when responding to an urgent call, as long as the driver doesn't endanger life and property.
The decision goes against the recommendation of Hirsch, who suggested that Young-Tem be charged with a traffic infraction for ''speed too fast for conditions,'' according to the documents.
The news brought little relief to the Perry family, who had hoped for traffic charges.
''You can drive an unmarked car in the city of Fort Lauderdale, if you are police in an emergency vehicle, at any speed necessary just to get to a call,'' said Les Perry, Donald Perry's brother and a lieutenant with the Denver police. ``That is crazy.''
On Wednesday, the Broward state attorney's office released documents detailing why it decided to not charge Young-Tem.
Among the reasons:
• Young-Tem was on duty and heading to a report of shots fired at a public park.
• Donald Perry stepped into a section of roadway without a traffic signal or crosswalk.
• While there were conflicting accounts of whether the car's emergency lights were on, the attorneys chose to side with those who said the lights were on.
• At the time, Donald Perry had a blood alcohol level of 0.2, higher than the legal limit of 0.08.
''Your brother made the conscious decision to step off the curb into the street, outside of the crosswalk. While it can be argued that the officer endangered the life of the pedestrian, it can likewise be argued that your brother created the zone of risk himself by stepping off the curb into oncoming traffic,'' wrote Assistant State Attorney Stefanie Newman in a letter to Lt. Les Perry.
``In this situation (one and a half seconds), the officer did not have sufficient time to perceive, react and avoid these tragic circumstances.''
After the accident, Young-Tem, now 31, was placed on administrative leave, then returned to full duty, with the exception that he could not drive a police car when responding to emergency calls.
Young-Tem's privileges could be fully restored this week, but there also will be an internal affairs investigation, police spokesman Sgt. Frank Sousa said.