Glendale Arizona Deputy Faces Vehicular Manslaughter Charges

okc_f150

Member
Oct 3, 2013
318
Oklahoma City
PHOENIX (CBS5) -


Glendale police released video of a deadly crash involving a Maricopa County Sheriff's deputy that took place last December.


Glendale police have released investigation photos of a fatal crash in December involving a Maricopa County sheriff's deputy.More >


The crash killed John Harding, 63, of Glendale. The video shows Harding stopped on a Hayward Avenue waiting to pull onto 59th Avenue. In the video, it appears Harding believed the traffic was clear when he pulled onto 59th. But before making it to the southbound lanes, a black Chevy Tahoe slammed into him.


Full article here


RAW video of crash here
 

twodogs603

Member
Sep 7, 2011
1,196
Norfolk,VA
After watching the video several times, and using my experience I learned when I worked radar, it doesnt appear to me the Tahoe was going 81 mph. Also if you watch the video closely, the pickup truck that comes along right after the Tahoe is doing about the same speed. Now I'm sure the accident reconstruction team looked at it very closely, but it just doesnt seem to me he was going that fast. Course video does sometimes distort things.
 

mcpd2025

Member
May 20, 2010
1,557
Maryland, USA
In Maryland (and other states), we have the "boulevard rule". That means that the vehicle on the favored highway, in this case 59th Ave, has the right of way. That means the Tahoe had the right of way (favored driver) and Mr Harding (yielding driver) was required to yield to the Tahoe. The only way that the boulevard rule is overrules is if there are circumstances that make it impossible for the yielding driver to see the favored driver.


Such circumstances could include the favored driver not displaying lights at night, driving so fast as to not be visible to the yielding driver due to bend in the road, crest in the road, etc.


From the video, it appears as though the Tahoe should have been visible to Mr Harding. It is a straight road with no hill crest. It appears to have happened during daylight, thus lighting shouldn't have been an issue. It appears to me that Mr Harding simply did not see the Tahoe, through no apparent fault of the officer.


I'm curious how they arrived at an exact speed unless it was based upon the computer in the Tahoe. Typically during a reconstruction you can estimate a minimum speed range based upon skid to stop, vehicle damage, etc. Its rare to see such an exact speed. The speed however, in and of itself, does not necessarily equate to negligence. In my jurisdiction, we have judges that throw out reckless driving citations if the "only" indication of reckless is excessive speed. If this had not ended in a wreck, I doubt I could make the charge of reckless driving in my county. The speed is most certainly a contributing factor to the collision, but the most egregious act was still Mr Harding pulling in front of the Tahoe.


I'm not sure I see manslaughter charges here. Arizona doesn't appear to have a specific charge of vehicular manslaughter, they simply have criminal "manslaughter" defined as recklessly causing the death of another. The state would have to prove that the officer was aware of and consciously disregarded a substantial and unjustifiable risk of death to Mr Harding (that is from Arizona jury instructions for manslaughter). The fact that the truck behind the Tahoe was traveling at roughly the same speed, the fact that the roadway was straight and level, the fact that the officer is trained in high speed driving, the fact that he was assisting on a homicide investigation should all help the officer get over the "substantial and unjustifiable risk of death" standard.


Maryland has a "vehicular manslaughter" charge. The state would simply need to show that the officer displayed gross negligence, a much lower standard.


OP, please keep us apprised of the outcome of this case. I would be surprised if manslaughter charges were brought, and even more surprised if they were upheld. I don't think the officer was RIGHT, per se, but I don't think he is guilty of manslaughter. It would be interesting to see what other traffic charges are relevant and brought forth by the state.
 

HILO

Member
May 20, 2010
2,781
Grand Prairie Texas
I think the grey pick up was another undercover LEO. Perception of speed on an approaching vehicle is always a topic of debate in a ROW crash like this. A vehicle turned left onto the cross street just before the victim entered the intersection, and the turning vehicle did not appear to be hurried. As for the exact speed, the majority of newer vehicles will freeze the speedometer needle in place when the air bags are blown. This is another area where CAN BUS systems come into play. While there would not be any skid marks, there would be yaw marks (where the tires drag under turning conditions), and shadowing (faint but readable drag marks left by the tires as the ABS locks and unlocks the wheels), and there are very detailed results from measuring these marks, vehicle weight, distance traveled from P.O.I., road grade and surface, and tire compound. Accident reconstruction includes mapping every thing, entering the readings into a system like ARUS, and getting very accurate findings. Even vehicle debris is logged and mapped, and can assist in speed and force results. Based on the distance it took the grey pick up to get slowed down and turned around, the distance the Tahoe traveled after impact, along with the speed it was still going once it hit the utility box, the fact that foot off the accelerator scrubs 10mph est, the yaw across the road scrubs another 15 mph, as well as the straight on impact into the Cube zapping at least 20mph right away, I would agree with an 80mph estimate. Both the Tahoe and pick up were traveling a speeds much higher than the posted 40mph. A crash resulting in fatality, where a vehicle was traveling 20 or more miles per hour over a posted speed limit, should result in charges. The exception being an emergency vehicle with visual and audible warning equipment, and operated with due regard to public safety.


From the victims prospective, based on the video. Doubtful the vic was trained in vehicle speed estimating. When checking cross traffic, it would be a reasonable assumption that there being a vehicle in two lanes at a proper distance, traveling at or near posted speed, would not reach the cross street in time to pose a danger. However, in this case, the video shows the Tahoe in the curb lane, and the pick up in the second to right lane. The pick up was just behind the Tahoe, which would give the victim (or any other reasonable driver, like the car that crossed left across the lanes) the assumption that both approaching vehicles were operating in a normal fashion, and pose little threat. The Tahoe was not a PPV, so it did not have the braking, or handling abilities of a Tahoe PPV, and was not suited for that kind of driving. There is no doubt, for me, after watching that video, that the driver of the Tahoe was operating his vehicle in an unsafe manner. The only debate I have is if the Tahoe driver hit the brakes before P.O.I. He sure did not attempt to swerve.


When I went through EVOC, and dignitary driving schools, we were taught to drive in a line, at least 2 car lengths apart, and never stack lanes, as this caused other drivers to become confused. Of course EVOC also taught never run hot in a vehicle not equipped with audible and visual warning equipment.


Neither the Tahoe or the pick up should have been running that fast. Sucks that a LEO is facing charges, sucks even more that the LEO killed an innocent person.
 

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