Friday, January 6, 2012
Law $8 million claim filed in trooper crash case
Posted by Max Brantley on Fri, Jan 6, 2012 at 5:00 PM
- kait8.com
- FATAL WRECK: In Manila.
Here's a copy of the claim. It is filed in behalf of her heirs — four children, her parents and a sister — and makes claims for mental anguish and other damages.
The State Police carries no insurance for accidents and the state can't be sued, but the Claims Commission serves as the conscience of the state in considering awards to people damaged by state actions. Any award approved by the Commission would have to be appropriated by the legislature.
Robert Coleman of Blytheville, attorney for the Freemyer family, said negotiations continue on this claim. A settlement for less than the amount sought is a possibility in any claim. Indications are that the State Police stands ready to agree to a significant award.
This particular case has a number of potential political complications: It involves a cop and they frequently enjoy support for their official actions. But Rhew's case is more complicated. He was fired, twice before it was over, for speeding at more than 100 mph to a non-emergency call 20 miles away without running a siren or warning lights. But the State Police Commission, heavily influenced by the commissioner from Rhew's area, Wallace Fowler, ordered him reinstated though Rhew had plea bargained to a misdemeanor negligent manslaughter charge in Freemyer's death. Rhew resigned from the State Police in September after being arrested in a DWI wreck. A trial on that charge has not been held.
Freemyer's car was struck as she pulled slowly onto Highway 77 in Manila. That put her in the path of Rhew, who had been driving at speeds up to 103 mph, according to his cruiser's on-board data recorder. When he appealed his firing, other troopers said they, too, frequently drove at high speeds without lights and siren and his attorney argued that Freemyer, 52, contributed to the accident by pulling onto the highway. The claim cites Rhew's reckless and negligent actions and the State Police for failing to sufficiently train him and also for failing to sufficiently staff the driver's license center with security. Rhew was heading there because of a report of a person with an outstanding arrest warrant. The claim said local law officers could have been called rather than Rhew, who was 25 miles away.
The Claims Commission has awarded up to $6 million in the case of a child permanently disabled in an injury caused by highway machinery.
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Comments (5)
Showing 1-5 of 5
Too many police think they're "entitled". Too many police are in it for the "rush". They routinely talk about "adrenaline" (although not 1 in 1000 can tell you what adrenaline is). This officers actions are, at least, gross negligence if not felony manslaughter. He deserves 10-15 years.
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Freemyer probably looked left, saw him and then made the reasonable assumption from the lack of lights/sirens and his distance away that he was going the speed limit and she had time to pull out safely. It's hard to judge the speed of an oncoming vehicle until it's pretty close. Stupid cop. Karma did catch up with him later, but not soon enough for her. All for a thrill and a non-emergency call.
Rhew needs to forfeit anything he has of monetary value towards the settlement so that he both serves as an example to those in law enforcement and lessens the burden of the taxpayer who will ultimately be paying the bill.
"It's hard to judge the speed of an oncoming vehicle until it's pretty close."
MK64, that's why you look twice. I can't tell you the number of times I've done that only to see something bearing down on me. Either I missed seeing it the first time (not often), they were going faster than I thought, or my view was blocked by something.
Pulling onto the highway near me, my view was until recently effectively blocked by a highway sign. If oncoming traffic was about a quarter-mile away, I couldn't see anything smaller than an 18-wheeler. For those who drove pickups and the like, the height of the sign and a slight rise in the highway made for a dangerous situation. On the other hand, car drivers could see plumb to the top of next hill.
Look twice. Thrice wouldn't hurt.
He will get a pat on the butt and we will still have a death to remember !!!! DWI ARREST ??
"Any award approved by the Commission would have to be appropriated by the legislature."
FALSE. Awards of less than $10K do NOT have to be approved or "appropriated" by the legislature. Yes, $8 million and $10K are miles apart, but that statement is factually inaccurate.
The $6 million claim (and ensuing award) made to the child who was permanently disabled by AHTD machinery went unchallenged by AHTD. It appears the Freemeyer family claim could be contested.
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