Why is Driver Information Missing in Pedestrian Crash?

[XLFD]

A Gripe About News and Police Organizations Acting Against the Public Interest

 

On Tuesday, May 28, 2013 at about 4 PM, a pedestrian walking on 135th Avenue in Allegan County was struck by a motorist, and sent to the hospital in serious condition.  I read this story with some interest the day that it happened trying to learn more after it landed on my news feed from Mlive and FOX 17 because of my interest in increased pedestrian and biker safety.  Few details except about the identity of the woman walker came in on that day, that data not coming from the police, the electronic news articles updated this information. 

 

On Thursday, that changed, many news organizations having updated their original story, and giving some more of the particulars, the best was a citizen-ran E-news website we have showcased here before, the Wayland Town Broadcast, who incorporated the original story with their update.

                                                                 Scene of the accident

Susan Beaver Newell, 60, wife of former Hopkins High School varsity football coach Jim Newell, has been listed in serious but stable condition in a Grand Rapids hospital after she was struck by an Allegan County Sheriff's deputy's vehicle while walking on 135th Avenue in Monterey Township Tuesday afternoon. Though the traffic incident occurred at about 4 p.m. Tuesday, it was not disclosed that Mrs. Newell had been struck by an off-duty deputy's vehicle until Thursday, more than 48 hours later...  The Wayland post of the Michigan State Police is investigating the incident. They driver of the vehicle was an officer off duty from the Allegan County Sheriff's Department and he stopped immediately to render first aid. The deputy, a 17-year veteran of the department, has been placed on administrative leave. The Sheriff's Department is following the standard procedure of having a different police agency investigate when one of its own is involved. Mrs. Newell, who was a nurse at Allegan General Hospital, is a 1970 graduate of Hopkins High School. The Newells have been married for 40 years.

http://www.wayland.townbroadcast.com/content/retired-hopkins-footba...

Most of the news sources that originally posted the basics of the story, updated their information about the off-duty deputy without noting the 48 hour delay of this information coming out, such as Mlive.  Other's that ignored the original story as a routine pedestrian accident came out with the new data two days later, as if the occupation of the driver made the story newsworthy, including WOOD TV and many others. 

 

A week after this revelation came out, an update of sorts came out about Susan Newell's condition.  She has opened her eyes, cannot speak, and has had several orthopedic surgeries for multiple fractures.  She is recovering from a severe head injury.  Newell's family has expressed concern about the deputy who was involved, even though they still don't know who his name is.  They have been told that the 17-year veteran officer is emotionally distraught.

http://www.mlive.com/wayland/index.ssf/2013/06/deputy_who_hit_hopki...

Those are the general facts, and here's my gripes.  First, about the news media.  All traditional news sources (newspapers, radio, TV news) that have covered this story have accepted the unusual protocols adopted by the investigative agencies, of not releasing the names of either party involved in this serious accident or the basic information about what seems to have happened at the crash until two days later. 

When it came out that the pedestrian was walking westbound on the shoulder and against traffic  at the time of the crash, and that the off-duty deputy must have left the roadway to hit her, the media does not attach any significance to this information delay.  The only one that gawks at that data are the news bloggers that are aghast at the hypocrisy of the police agencies not revealing information when the bad news concerns one of their own.

 

                         Edward Krawetz, RI officer kicks a secured/handcuffed woman, received no jail time

Which leads me to the second gripe: the unusual way the police gave out information on this case, calls their objectivity and honesty into question.  I looked into several other car-pedestrian accidents recently in the news being investigated by police (disregarding hit-and-runs where the identity is unknown) and it was always given out by the police and reported by the media (see this, and this, and this one that even puts the name in the headline).  Such data is given out routinely, and when it isn't, it seems to be because the driver wears a badge. 

We have our own local examples with the accident that happened February 12, 2012 when Darius Vanbrook was struck by an off-duty corrections officer, Michael Hays, whose name was not disclosed until the following day.  The Mason County Sheriff's Office told the public the MSP were investigating the case, while the MCSO did all except downloading the airbag's crash data, and blood draws.  Even though Hays was speeding and hit the boy who was walking legally in his lane, even though Hays admitted that his attention was distracted elsewhere, he was not ever cited or held to account.  MCE teacher Matt Millspaugh, who had no such pedigree and was involved in an accident where he was not speeding, where he hit another person legally using the road, was not so lucky.

The Michigan State Police are not giving out this officer's name after 10 days, or his state of mind at the time of the accident or why he was driving on the shoulder, or any sort of citation or charge has not been even attempted.  They have reluctantly disclosed the eyewitness accounts of the pedestrian being on the shoulder of the road when hit, and even though the family of this lady is forgiving and likely expects the MSP to carry on a conflict-free investigation, I am not burdened with such mercies and naivety. 

This unknown officer has already been granted a lot of amenities that you or I could never be afforded in a similar circumstance, and unfortunately, there is really nothing that we can do about it, except for expressing our displeasure that such injustice is allowed to exist.  We must take whatever steps are necessary to prevent our nation from slipping further and further into a police state that has thousands of laws that apply to almost everyone, and a class of people that can operate without them.

[Willy]

The officer should be treated just as any other citizen would be treated. No special treatment.

[masonco]

That badge gives them police state power

[XLFD]

Lucy, consider honestly the coverage if the roles were reversed in this accident, that is, the police officer was ran into while on the shoulder and the 60 year old retired nurse was the driver.   

Would her identity and occupation be kept secret for two days?  Would she be allowed to be uncited for anything after nearly two weeks when she ran off the road to hit the officer?  Wouldn't her character and driving skills be crucified for running off the road to hit this law enforcer?

I can't speak for others, but I think the as-yet-unnamed officer's actions after the fact were commendable.  But the actions of other officers and departments here in covering up the facts for two days and not enforcing the law in a matter that seems fair-- unless you're a police officer-- are deplorable. 

[XLFD]

MCL 257.601d(2) is the first to come to mind that is the most severe.   The moving violation involved here is obvious enough, isn't it?

[XLFD]

No, traffic citations can be given after an investigation has been completed and the police can make some findings.  There may be airbag crash data and blood draws that need to evaluated before a determination is made.  At this point one would believe the airbag data has been reviewed, the scene reconstructed and the witnesses interviewed, the only thing that may still be out would be drug/alcohol test results. 

For what it's worth, I hope he's sober, but then I would still hope they prosecute the case as the prior posted misdemeanor, as people walking against traffic (as they legally should) and off the road, should be legally protected from being ran over.  And I would say that if he was a policeman that did it, or anyone else, including myself. 

[XLFD]

Amen.  Thanks for being a good citizen that took the time to stop, help, and give witness to the authorities, Lucy.