Release Date: Thursday, July 1, 2010 3:20 p.m.
Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announces his concurrence with the investigation conducted by the Virginia Beach Police Department Fatal Crash Team, that there was no criminal conduct involved in the fatality when a Virginia Beach trash truck ran over a person asleep on the beach Monday morning a few minutes before 8:00 a.m.
“The investigation that I reviewed consisted of photos and a video of a reenactment and reconstruction of the events. The reenactment occurred the next day in a similar truck at the same time of day. It consisted of a video camera set up in the cab of the truck so that what the driver was able to see or not able to see was displayed. In addition, there were numerous time sequenced still photos of the events. In the reenactment, the truck followed the exact path followed by the truck on the day of the fatality. The reenactment included having the truck, being driven by a police officer, run over a beach chair at the location of the fatality.”
It was clear from the video, given the fact that the driver was also focused on trash cans to the left of the truck that are lined along the beach, and on the two employees who were walking on the left and behind the truck that the driver could not see the person sleeping on the beach. At a point in the prescribed path the driver turned the truck to the right to observe from the left side of the truck a potential item of trash on the beach. It was in making that turn that the individual was, unfortunately, run over. Further evidence of the fact that the driver did not see the man was that the truck continued for approximately 20-25 yards before it was stopped by someone else on the beach to advise that the truck had run over this individual.
The driver immediately returned to the scene, called 911 and began to administer CPR to the individual.
“In assessing the evidence in this case, and in viewing the video and still photos it was clear the height of the cab as well as deflated tires were factors in the driver and the two workers who walk along the left side of the truck, not seeing the individual before the truck ran over him nor being aware that they had done so afterward.”
The police investigation included interviews of several non-city employees present on the beach when the tragic event transpired.
“The law requires specific elements which must be met before criminal charges should be brought. Criminal cases must be proved beyond a reasonable doubt. Negligence is not a crime, although it may be the basis for civil liability. Liability in civil cases only needs to be proved by the preponderance of the evidence, as opposed to beyond a reasonable doubt,” Bryant said. “Whether civil liability exists is not something my office determines, nor is civil liability a factor in determining whether to bring criminal charges. It is my ethical responsibility not to bring charges that are not supported by credible admissible evidence.”
“Whether there are additional procedures which can or should be instituted by the City to help prevent any future incidents of this nature is something the City will have to determine and implement if necessary.”
Please contact Macie Pridgen if additional information is desired
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