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Main Page Police Officer Charged In Fatal Accident
(Click here to view the original thread on the MassCops Message Board)

Posted by: kwflatbed

10-Year-Old Girl Hit, Killed By Truck

FOXBOROUGH, Mass. -- An off-duty police officer who was driving a truck that struck and killed a 10-year-old girl who was riding her bike in Foxborough over the weekend will faces charges, officials said Monday.

Mansfield police Officer Aaron Fine was driving the truck that hit fourth-grader Rose Shatz on Saturday on Willow Street. Fine, 33, was working for his family's landscaping company at the time of the accident.

On Monday, Norfolk District Attorney William R. Keating's office said that Fine was cited for driving a Class B vehicle without a Class B license. There is a criminal penalty associated with the citation. Officials also said the truck's load was overweight.

"We told the students that it was an accident and accidents happen and it was nobody's fault," said Foxborough Public Schools Superintendent Jan Norton.

Police said it appears that Rose turned her bike in front of the truck and Fine could not stop in time.

"It appeared that she turned abruptly in front of Mr. Fine's vehicle and unfortunately, the vehicle struck the young girl," said Foxborough Police Chief Edward Oleary.

Fine has been on the Mansfield police force for four and a half years.

"He is devastated by this. He is a parent and he is a good human being and his heart is broken," said Mansfield Police Chief Arthur O'Neill.

Grief counselors were on hand at the Burrell Elementary School Monday.

"Rose was a child who liked to do additional projects. She liked to read bigger books. She liked to perform. She was well liked," Norton said.

The school superintendent said Rose had just exchanged an e-mail with her teacher about a project she wanted to start. It was called "People Who Change the World."

The accident reconstruction team report will determine if Fine will face more charges, including motor vehicle homicide.

"If serious charges result, then we will have to take that into account. If not, then as soon as he is mentally able to come back to work, he will," said O'Neill.

Requesting privacy, the Shatz family declined to make a statement about the accident.

Video: Driver Charged

Copyright 2006 by TheBostonChannel.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Posted by: firefighter39

[quote=kwflatbed]10-Year-Old Girl Hit, Killed By Truck

On Monday, Norfolk District Attorney William R. Keating's office said that Fine was cited for driving a Class B vehicle without a Class B license. There is a criminal penalty associated with the citation. Officials also said the truck's load was overweight.

"If serious charges result, then we will have to take that into account. If not, then as soon as he is mentally able to come back to work, he will," said O'Neill.

This guy should loose his job - He should have known better that driving an overweight truck

.

Posted by: dcorn18

How can u say that, if this was you, you would be devistated and would not want to be charged for this terrible accident. How can you say he shouldnt have been doing that, it was clearly an accident, and yes he shouldnt have had an overloaded truck but that does not make any difference in the "Accident" that occured.

Posted by: OutOfManyOne

Let them complete the recon and go from there, the truth will come out.

Posted by: Wolfman

Quote:

How can u say that, if this was you, you would be devistated and would not want to be charged for this terrible accident. How can you say he shouldnt have been doing that, it was clearly an accident, and yes he shouldnt have had an overloaded truck but that does not make any difference in the "Accident" that occured.

"Accident" implies that there was nothing that could have been done to prevent the child being killed. If it is true that the vehicle was overweight and the guy was operating outside his license class, then this was hardly an "accident". Let recon sort it out, but I see two big strikes right off the bat here. Physics dictates that a heavier vehicle takes longer to stop than a light vehicle. Could the truck have stopped without killing the kid if it wasn't overloaded? That's up to recon to determine. But don't sit there and tell me it was unavoidable.

Would you be singing the same tune if it was some undocumented Brazilian driving the landscape truck? It sucks that the guy is a cop, but the badge doesn't absolve anyone of the responsibility they must bear when an incident like this occurs.

Posted by: HousingCop

How's this guy supposed to know his truck is overloaded? Pull his pocket scale out of his back pocket & tap in some numbers? It does suck that he's a cop and if he's found at fault, he bears partial responsability for this childs death. Let the accident team crunch the numbers first before anybody is put at fault here.

FF39, next time one of your rubber men fall out of the truck and die going around the corner, or miss the pole and face-plant one story below, I won't automatically assume any alcohol impairment. I'll just wait till the tox-test comes out before I announce what we already had surmised. Once again, you show your bitterness at having been left behind.

Posted by: HPD104

This is a terrible tragedy, and unfortunately it is a police officer in town and everyone is going to be quick to bury him the court of public opinion. I love it, when a criminal drives at a police officers with the intent to kill him, and gets himself killed, they pull out the "he was turning his life around" card. and he was a good man, and was about to get a job, but because its a police officer who was in the wrong place at the wrong time, he will be held to the highest standard. Im not saying that the Patrolman shouldnt be held accountable for whatever they find. But i just hope he gets the same as anyone else would.

Posted by: SOT

If I did that, drove a vehicle without a license, I would be facing charges. Same for everyone else, no matter the profession.
The over weight thing...contributing factor...maybe if he had a CDL he could have figured out what's what. I see tons of guys getting gig's all over for overweight vehicles...how are they supposed to know?

Posted by: Delta784

Quote:

Originally Posted by firefighter39

This guy should loose his job - He should have known better that driving an overweight truck

I've been on the job approaching 20 years, and I would have no clue whatsoever if a truck was overloaded. No cop would, except those on truck teams or accident reconstruction. Nor would I have any clue as to what constitutes a Class B vehicle.

It's always a tragedy when a child dies, but I'm really disappointed with the rush to judgement I've seen so far from some people on this board.

Posted by: radio2526

ditto.. just an additional circumstance to this unfortunate incident. who knows whether or not the load actually affected the outcome of the accident. plus who bothers to get a cl. b license... a majority of cops don't even know what type of mv requires a cl. b.... you guys are acting like a bunch of senile old timers, which is convenient because a lot of you aren't even po's.

Posted by: firefighter39

Quote:

Originally Posted by HousingCop

How's this guy supposed to know his truck is overloaded? Pull his pocket scale out of his back pocket & tap in some numbers?

I hope that the next time a truck driver gets stopped by the truck team he uses this as his defense for an overloaded vehicle -

IF this guy had a CDL he would know the weight limits of the vehicle he was driving. I notice that a lot of officers are quick to cite and even arrest illegal aliens who do not have drivers lic. - if this guy was a Brazilian landscaper w/o a licenses he would have been locked-up on the scene.

He should be held to higher standard - he is a trained professional police officer - he should know the laws. This is basic simple chapter 90 stuff, not some obscure statute.

I drive trucks a lot bigger than that on the job - I do not have a CDL - even though I know I am capable of driving a truck that size I do not, 'cause I don't have the propper license

Posted by: potatochip

Quote:

Originally Posted by firefighter39

I notice that a lot of officers are quick to cite and even arrest illegal aliens who do not have drivers lic. - if this guy was a Brazilian landscaper w/o a licenses he would have been locked-up on the scene.

What exactly should he have been locked up for? There were no in presence MV violations, no breach of peace violations, and any other more serious charges (MV homicide) are going to require an in depth investigation. An illegal alien with no license is quite a stretch from a citizen operating out of class.

I'm not defending his actions, but please don't make blanket statements that are so seriously flawed.

Posted by: 4ransom

I have a class B license, and the qualifications for a class b license are pretty simple to understand. ANY VEHICLE WITH AIR BRAKES, OR ANY VEHICLE THAT HAS A GROSS VEHICLE RATE RATIO OF OVER 26000 LBS. That's it. It is pretty simple to understand, and any officer on patrol should know that, it is just as important as any other motor vehicle law. Air brakes are a completely different system than brakes on a regular vehicle, and anybody who operates them needs to be qualified in them, or there is a serious risk of accident. That is why the test is so difficult. If there are officers who are booking accidents or making motor vehicle stops and don't have the ability to determine if the operator has the proper qualifications and training, he or she should be ashamed of themselves and their ability to do their job properly.

The officer driving this truck deserved to be cited as he was, and that should factor into the investigation, because he did not have the proper training and knowledge (at least according to the state of massachusetts) to operate that vehicle

Posted by: SOT

Ok let us recap:

He was driving a commercial vehicle without a CDL.
If he had a CDL to drive a class B vehicle maybe he would have had the training to be able to tell when it was overloaded.
I don't have a CDL, and can't tell you when it is overloaded or not...but then again I don't drive one.
Not able to tell what a Class B vehicle is? Read the door sticker
Pretty much it's a "big vehicle, double/triple axel with airbrakes...that kinda thing.
http://www.mass.gov/rmv/license/8cdl.htm

End all if a civilian is supposed to know, sure as hell a cop should.
Rush to judgment...are you saying the police investigating are wrong, that he was not driving without a CDL and was not driving a class B vehicle? Seems more like investigation than judgement.
That's not a rush to judgment, it is a recap of what the report is saying.

Quote:

Originally Posted by Delta784

I've been on the job approaching 20 years, and I would have no clue whatsoever if a truck was overloaded. No cop would, except those on truck teams or accident reconstruction. Nor would I have any clue as to what constitutes a Class B vehicle.

It's always a tragedy when a child dies, but I'm really disappointed with the rush to judgement I've seen so far from some people on this board.

Posted by: Gil

This is a tragedy all the way around. I would never want to imagine losing one of my children in anyway. I feel for the parents, I think we all do.

I also feel for Aaron, this must be killing him, He is a good friend of mine. He has kids of his own and I can only imagine how he is feeling.

I'm not defending his actions or lack of, I just wanted you to know that he is not some cocky cop that thinks he is above the law. He is without a doubt a very caring person and I know this has to be eating away at him.

The outcome of this tragic incident has already been decided, a little girl lost her life. Tearing Aaron apart on here for his actions or lack of serves no purpose. I seriously doubt that Aaron is going to get any breaks because of his badge, he wouldn't allow it. He made a mistake that will be haunting him the rest of his life.

I can guarantee you that the only thing on his mind right now his the life he took and the well being of her parents.

Posted by: MM1799

Seems like the people who are quick to codemn are the firefighter and a couple of civilians. Most everyone else has said to allow the experts (I dont mean the MASSCOPS experts...) to determine what exactly happened and why.

Quote:

Like no one making comments has ever offered their badge or id when they get stopped in hopes of getting out of the ticket. Dont be a hypocrite.

I personally dont think that kind of statement belongs on a public forum. I know plenty of cops who have been on the job for over a decade who have never used their badge for any type of special treatment. Let's not make general statements like that.

Posted by: firefighter39

Quote:

Originally Posted by kmf294

Also to our firefighter here I notice your failed to comment on the thread about the firefighter who attacked a Taunton Cop. Convenient.

Convenient, no, I never saw that tread, but I will now look for it and make a comment

Posted by: kwflatbed

I was not going to comment on this but with some of the posts I have
to give my 2 cents.

I have 43 years off and on driving class A trucks and also as a driving instructor
for class A + B.

I have been in Aaron's shoes with a child ridding a bike and cutting across the road
in front of me, thankfully it was a different outcome and he was not killed.
This happened over 30 years ago and every time I read or hear about an
ACCIDENT
like this I relive it, he will never forget this in his life time.

If you have never driven a truck over the size of a pickup you really should hold your
comments.

Yes he was wrong for not having the proper class license to operate the truck.

Overweight, my question is how much? One bucket load from a loader depending
on the size of the bucket may put him over.

One other comment for the Fire Fighter I know that you are excluded from
having to hold a class license to drive the trucks, but in my opinion from
some of the firemen that I have taught it should be mandatory that all of you
should have the training and the proper license to operate the class of
equipment that you drive.

Posted by: firefighter39

Quote:

Originally Posted by kwflatbed

One other comment for the Fire Fighter I know that you are excluded from
having to hold a class license to drive the trucks, but in my opinion from
some of the firemen that I have taught it should be mandatory that all of you
should have the training and the proper license to operate the class of
equipment that you drive.

I agree with you. I was an EVOC intructor and I agree with the training requierment. The only reason I do not have a CDL is the town will not pay for it and I have no need for it off the job.

I am sure that tha officer involved is suffering in his own private hell. I also feel that all of us in public safety should be held to a higher standard. We enforce the laws, building code, fire codes etc.. We also respond and have to deal with what happens when people don't do the right thing.

Note that in recent years there has been a trend not to call crashes "accidents." Now the pc term is MVC, since accidents are not preventable. You and I both know that of the 100's of MVC(A)'s we have respnded to over the years almost all are preventable (even the ones I ahve been in)

Posted by: 94c

Quote:

Originally Posted by firefighter39

if this guy was a Brazilian landscaper w/o a licenses he would have been locked-up on the scene.

And that hose head is why you are a shed saver and not a cop. You don't even know the basic powers of arrest. Moron.

Posted by: HousingCop

hey firefighter39,

Posted by: dcs2244

I don't know if that particular vehicle has air brakes...it may not: remember it's really just a pickup on steroids (like the old Ford F-600 or Chevrolet C-60). The GVW may in fact be more than 26K#. Or not. A lot of guys get tagged for "out-of-class" by operating a truck which may be in their class weight range...but towing a trailer that puts them outside their weight class: when I heard "landscaping" I thought that might be the case...but the video I saw showed no trailer.

Like KW queried...how much overweight? Fortunately, the vehicle is operable and test skids can be performed overweight and at proper weight using the VC-3000...a few time/distance calculations will reveal if the collision could have been avoided.

Given the information we have now, I'll go out on a limb and speculate that the collision couldn't be avoided... licensed, proper weight or not.

Posted by: NH Cop

[quote=Delta784]I've been on the job approaching 20 years, and I would have no clue whatsoever if a truck was overloaded. No cop would, except those on truck teams or accident reconstruction. Nor would I have any clue as to what constitutes a Class B vehicle.

I can’t believe the driver (Officer) doesn’t know the difference between licenses.
Was he sleeping during that particular class? This driver just opened a box of worms. The company will get audited by the Federal Motor Carrier Bureau and the MSP team. The company will receive heavy fines and suspensions. Yeah this operator takes full reasonability for his actions. He took a life. If he did not get behind the wheel this might not have happened.

Posted by: Tango

The fact that he is an Officer and a father, tells me that this guy has done a lot of good in his life. The hell that he must be living right now by killing this child is unimagineable...my thoughts are with him, as well as the family of the victim. I just hope those who have so easily attacked him on this forum never "F" up. Wait until the facts come out...please.

Hey FF39 (ding ding) --god forbid some child doesnt run in front of your engine when you are screaming down the road, blowing traffic lights for a cat in a tree...

Posted by: Opie

Quote:

Originally Posted by Gil

This is a tragedy all the way around. I would never want to imagine losing one of my children in anyway. I feel for the parents, I think we all do.

I also feel for Aaron, this must be killing him, He is a good friend of mine. He has kids of his own and I can only imagine how he is feeling.

I'm not defending his actions or lack of, I just wanted you to know that he is not some cocky cop that thinks he is above the law. He is without a doubt a very caring person and I know this has to be eating away at him.

The outcome of this tragic incident has already been decided, a little girl lost her life. Tearing Aaron apart on here for his actions or lack of serves no purpose. I seriously doubt that Aaron is going to get any breaks because of his badge, he wouldn't allow it. He made a mistake that will be haunting him the rest of his life.

I can guarantee you that the only thing on his mind right now his the life he took and the well being of her parents.

Quote:

Originally Posted by kmf294

I agree with Gil here completely. I am sure Aaron would not allow himself special privilege because of his employment.

From what I gather from people at the scene Aaron was well under the speed limit on this stretch of road and had maneuvered the truck to give the child a wide berth. The child was riding her bike on his side of the road towards him prior to the crash. The child apparently turned quickly to dart into her driveway where her father was waiting. It sounds as if it would have been impossible to stop a moped much less a large truck.

No one should rush to judgement here. This is an unfortunate accident with no winners at all. I am sure Aaron will accept whatever the investigation and court deem appropriate. On the same token Mansfield PD is a fine agency and I am sure they will support Aaron either way and do what is appropriate.

The thing that really sickens me here is how quickly other cops condemned Aaron. The guy made a mistake by not getting his class B. Big deal. There are people out there with these licenses that I would not trust to drive a go cart. People in here are quick to believe he is going to use his status as a police officer to get out of this. Like no one making comments has ever offered their badge or id when they get stopped in hopes of getting out of the ticket. Dont be a hypocrite.

For the firefighter who is quick to condem this cop you should stick to what you know before commenting. There is no right of arrest for any of the offenses Officer Fine has been charged with to date. Anyone who tells you different is wrong, plain and simple. So you should go back to your lazy boy and wait for us to call you to save a foundation somewhere.

Also to our firefighter here I notice your failed to comment on the thread about the firefighter who attacked a Taunton Cop. Convenient.

I am not shitting on firefighters here at all. I have a great deal of respect for that profession. I have a lot of good friends that are firefighters and serve proudly. You cant help respect people that risk their lives to save others by running into burning buildings. My intent is not to start a cops vs firefighters here, but to get people to think carefully before making comments before having all the info before them.

Gil & Kevin

Thank You Very Much! Being a co-worker of his, I am trying my best to keep my comments to myself and you two basically said everything I have been thinking! I'm working 4-12 swap on Saturday and plan on stopping by to personally send my best. I'll make sure that Aaron knows that APD sends their best and is thinking of him!

Posted by: firefighter39

Quote:

Originally Posted by Tango

Hey FF39 (ding ding) --god forbid some child doesnt run in front of your engine when you are screaming down the road, blowing traffic lights for a cat in a tree...

If I or any other FF were screaming down the road for a "cat in a tree" call I would deserve to loose my license, job etc.. and pay the price!!

Posted by: 94c

Quote:

Originally Posted by firefighter39

If I or any other FF were screaming down the road for a "cat in a tree" call I would deserve to loose my license, job etc.. and pay the price!!

And that would happen because you are on duty. Should a person be penalized and lose his career for something that happens when he is not at work?

I can think of no other profession where people scream for someone to get fired for something they do during their non work hours. Mistakes do happen, but at what point to you ruin someone's career, destroy his pension and his family, for something that happens when he is NOT AT WORK?

Spare me the "higher standard theory" because I already prescribe to it.

But again, at what point do you take everything away from someone for a bad judgment with no ill will behind it?

Posted by: Delta784

Quote:

Originally Posted by firefighter39

If I or any other FF were screaming down the road for a "cat in a tree" call I would deserve to loose my license, job etc.. and pay the price!!

But, you probably wouldn't. I once did an accident where a fire engine didn't even slow down for a red light (a half-dozen witnesses) and creamed a Buick Century that had the green light, sending it airborne through the front of a Firestone store. The woman driving had to be sent in-town with serious injuries, and was lucky to survive. The deputy fire chief actually wanted me to cite the woman!

My sergeant declined to respond, and since I don't cite emergency service workers, the fireman driving the truck wasn't cited.

The call they were going to? A drunk passed-out on the sidewalk.

Posted by: HousingCop

Quote:

Originally Posted by Delta784

The call they were going to? A drunk passed-out on the sidewalk.

Are you sure that drunk wasn't wearing rubber boots too?

Posted by: 4ransom

We could start a whole thread about firemen and how much they aggrevate us and there is nothing we can do about it.. But it would just open up a stupid can of worms... I could rant off a hundred examples of when firemen know they are going to an accidental alarm or a medical where there is already a nurse standing by or something like that, and they still run people off the road.

But the point is they will never stop driving like that so we shouldn't even waste our breath trying to talk sense into them.

Posted by: kwflatbed

Police Officer Charged With Motor Vehicle Homicide

Girl, 10, Killed In Dump Truck, Bike Collision

BOSTON -- The driver of a dump truck that struck and killed a 10-year-old Foxborough girl last weekend was charged with motor vehicle homicide, the Norfolk County District Attorney's office said Friday.

Aaron Fine, 33, a Mansfield police officer who was working for his family's landscaping business at the time of the accident, was cited earlier in the week for driving a Class B truck without a Class B license.

On Friday, officials announced Fine was issued four additional citations, including motor vehicle homicide by negligent operation, negligent operation of a motor vehicle, speeding greater than reasonable for given conditions and improper operation while approaching a bicycle.

Rose Shatz, 10, was killed on Saturday when she was hit by Fine's truck on Willow Street. Investigators said they believed Shatz had turned into the path of the truck and Fine was unable stop in time.

Fine has been on the Mansfield police force for 4 ½ years.

Previous Stories:

December 4, 2006: Police Officer Charged In Fatal Accident
December 4, 2006: Driver Of Truck That Killed Girl, 10, Was Police Officer
December 3, 2006: Girl Killed ,10, Killed In Bicycle Accident

Posted by: firefighter39

Quote:

Originally Posted by Delta784

I appreciate your feelings of "botherhood" etc.. the bottom line is that FF should have been cited. MGL is clear - full stop at red lights then proceed with caution.

Not to get off on another topic but what was the call dispatched as - even if the result was a passed out drunk it may have come in as a "person down" call. Still no excuse for disregard of public safety. The Dept should also be held accountable, how much training did this FF have.

I also realize that you are in a hard place 'cause the SGT did not respond. You are basically between the proverbial rock and a hard place. Calls like this should be hadled by a Sgt because of the sensativity, I would actually prefer to have the MSP truck team / accident recon respond.

Posted by: kwflatbed

http://www.thebostonchannel.com/index.html

BOSTON -- A Mansfield man has been indicted in the death of a 10-year-old Foxborough girl.

A Norfolk County grand jury issued four indictments against Aaron Fine, 33, in the death of Rose Shatz.

The girl was riding her bicycle near her Willow Street home on Dec. 2. The grand jury indictments allege that Fine was driving a landscaping truck, owned by his family company, negligently and without the proper license for the size of the truck when he allegedly struck and killed Shatz.
The maximum penalty for the lead charge, misdemeanor motor vehicle homicide, is two and a half years in a house of correction.

Posted by: 94c

anyone else and this would have been handled at the District Court Level.

Posted by: SOT

Is this the cop?

Posted by: kwflatbed

Yes it is.

Posted by: kwflatbed

BY FRANK MORTIMER SUN CHRONICLE STAFF
Monday, May 12, 2008 2:32 AM EDT

FOXBORO - The jury trial of an off-duty Mansfield police officer who allegedly struck and killed 10-year-old Rose Shatz with a landscaping truck almost 1 1/2 years ago is scheduled to begin Wednesday in Norfolk Superior Court in Dedham.

A grand jury in January 2007 issued four indictments against Aaron Fine, 34, who was off duty at the time, alleging motor vehicle homicide/negligent operation, operating a motor vehicle without a license, failure to safely pass a bicyclist and operating at an unsafe speed.

The maximum penalty for misdemeanor motor vehicle homicide, is 2 1/2 years in the house of corrrection.

Fine is on unpaid leave from the Mansfield Police Department, pending the outcome of the trial.

The indictments allege Fine was negligently driving a landscaping truck owned by his family company and without the proper license for the size of the truck when he struck and killed Shatz on Dec. 2, 2006.

The accident occurred as she was riding her bicycle near her Willow Street home. The child was a fourth grade student at the Burrell Elementary School. A community garden called "Rosie's Garden" was created at the school and dedicated in her memory.

http://www.thesunchronicle.com/artic...ws/3155050.txt

Posted by: kwflatbed

Trial under way for Mansfield officer accused in child's death

BY MICHAEL GELBWASSER SUN CHRONICLE STAFF
Tuesday, May 20, 2008 1:21 AM EDT

FOXBORO - An off-duty Mansfield cop accused of striking and killing a 10-year-old Foxboro girl in an auto accident involving a landscaping truck waived his right to a jury trial at the last minute Monday.

Today marks Day 2 of the bench trial of Aaron Fine in Norfolk Superior Court in Dedham, said David Traub, spokesman for Norfolk County District Attorney William Keating.

Opening arguments were held Monday.

Fine, 34, is charged with negligently driving a landscaping truck owned by his family company when he struck and killed Rosie Shatz on Dec. 2, 2006.

Shatz was riding her bicycle near her Willow Street home at the time.

A Norfolk County grand jury in January 2007 indicted Fine on four charges: motor vehicle homicide/negligent operation, operating a motor vehicle without a license, failure to safely pass a bicyclist and operating at an unsafe speed. Fine allegedly lacked the proper driver's license for the size of the truck.

The maximum penalty for misdemeanor motor vehicle homicide is 2 1/2 years in the House of Correction. Fine is on unpaid leave from the Mansfield Police Department pending the outcome of the trial.

http://www.thesunchronicle.com/artic...ws/3195422.txt

Posted by: Thimios315

What a tough situation this must be....I met Aaron once in 2004; he gave a motivational speech to my class when I was in the Academy...

He battled a certain form of cancer while he was a student officer and still made it through without any special treatment or accommodations from the MCJTC...

He seemed like a really good, well-mannered person......these are unfortunate circumstances for everyone involved...

Something like this can happen to any one of us....I'm not necessarily referring to driving an over-loaded dump truck while unlicensed, either...

Posted by: kwflatbed

Mansfield cop cleared of most serious charge in local girl's death
Fine found guilty of reckless driving in collision that killed Foxboro 10-year-old on bike

BY DAVID LINTON and MIKE GELBWASSER SUN CHRONICLE STAFF
Friday, May 23, 2008 1:24 AM EDT

FOXBORO - An off-duty Mansfield police officer was acquitted Thursday of vehicular homicide in the death of a 10-year-old local girl when his landscaping truck collided with her bicycle.

But Aaron Fine, 34, was found guilty in Dedham Superior Court of driving negligently so as to endanger and unlicensed operation after a three-day jury-waived trial.

Fine was driving a landscaping truck owned by his family's company when he

collided with Rose Shatz on Dec. 2, 2006, near her Willow Street home.

Shatz's parents, Cliff Shatz and Joni Block, declined comment Thursday.

"They're not ready to talk about it yet," said a woman who answered the phone at their home.

Fine's attorney, Daniel O'Malley of Quincy, could not be reached for comment.

Judge Paul A. Chernoff, who presided over the trial, was compelled to issue a memorandum explaining his ruling.

"A jury is always instructed that 'if you find the defendant guilty or not guilty you will say so and you will say no more,'" Chernoff wrote.

"Here, as judge and jury, I feel morally compelled to disregard that instruction and explain my painful and difficult decision to those who do not deserve the tragedy which has befallen them."

The standards for proving responsibility or guilt are different in criminal cases, such as this one, and civil cases, Chernoff said.

Prosecutors proved beyond a reasonable doubt that Fine was guilty of negligent operation, the judge said.

"The violation here is a serious one requiring an appropriate and responsive disposition," he said.

On the negligent homicide charge, Chernoff said that, in a civil case, he would find that "it is more probable than not" that Fine caused "the egregious harm suffered in the accident."

However, because it's a criminal case, Chernoff said prosecutors fell "just short" of proving Fine's guilt "beyond a reasonable doubt."

"Not guilty does not mean innocent," Chernoff added.

"It may well be for another day for a civil court to pronounce whether the level of causation warrants a civil verdict of responsibility."

Fine has been on unpaid leave from the Mansfield police pending the outcome of the trial.

Chernoff postponed sentencing to June 25 to review Fine's driving record.

Prosecutors are requesting that the judge sentence Fine to one year in jail and recommend that he lose his license for 10 years, said David Traub, a spokesman for the Norfolk County District Attorney's Office.

http://www.thesunchronicle.com/artic...ws/3209469.txt

Posted by: USMCTrooper

Quote:

On the negligent homicide charge, Chernoff said that, in a civil case, he would find that "it is more probable than not" that Fine caused "the egregious harm suffered in the accident."

However, because it's a criminal case, Chernoff said prosecutors fell "just short" of proving Fine's guilt "beyond a reasonable doubt."

"Not guilty does not mean innocent," Chernoff added.

That just sealed the fate of him, the landscaping company and the respective insurance companies. I wouln't even waste the money and effort to defend the case in a civil trial, better to reach a settlement.

Posted by: Delta784

The DA is requesting a year in jail for OTE and unlicensed operation????

Oh no....no politics at work there....

Posted by: robodope

There is no criminal charge that can be placed on this guy that will make him feel worse then he already does. It amazes me knowing most people on here are cops, and you are so quick to tar and feather anyone involved in a bad situation. It scares me to know we are so quick to throw each other under the bus. Any attempt for them to hammer this guy is politics at its finest!!

Posted by: 94c

[quote=NH Cop;140317]

Quote:

Originally Posted by Delta784

I've been on the job approaching 20 years, and I would have no clue whatsoever if a truck was overloaded. No cop would, except those on truck teams or accident reconstruction. Nor would I have any clue as to what constitutes a Class B vehicle.

I can’t believe the driver (Officer) doesn’t know the difference between licenses.
Was he sleeping during that particular class? This driver just opened a box of worms. The company will get audited by the Federal Motor Carrier Bureau and the MSP team. The company will receive heavy fines and suspensions. Yeah this operator takes full reasonability for his actions. He took a life. If he did not get behind the wheel this might not have happened.

I don't know the difference either. Maybe some cops are busy doing other kinds of police work.

Posted by: kwflatbed

Officer Sentenced For Crash That Killed Girl

DEDHAM (AP) ― A Mansfield police officer has been sentenced to serve two months in prison for an accident that killed a 10-year-old girl.

Prosecutors said 35-year-old Aaron Fine was behind the wheel of his family's landscaping truck on Dec. 2, 2006 when it struck Rose Shatz as she rode her bicycle near her Foxborough home.

Fine -- who was off duty at the time of the crash -- was found guilty last month in a bench trial of operating negligently and without the proper license. He was acquitted of the more serious charge of motor vehicle homicide.

Judge Paul Chernoff Wednesday suspended the rest of the two-year sentence for six years. Fine was ordered to undergo mental health counseling and perform 600 hours of community service. He will also be prohibited from driving for four months.

http://wbztv.com/local/Rose.Shatz.Willow.2.757268.html

Posted by: kwflatbed

BY FRANK MORTIMER SUN CHRONICLE STAFF
Wednesday, July 23, 2008 2:42 AM EDT

MARK STOCKWELLAaron Fine

FOXBORO - In a June 25 sentencing hearing, Mansfield Police Officer Aaron Fine tearfully told the court he would give his life if it would bring back the 10-year-old bicyclist who died after she was struck by the truck he was driving.

What Fine has proven less willing to do, according to the parents of the late Rose Shatz, is serve even two months of his two-year sentence for unlicensed and negligent operation.

Fine, 35, scheduled a parole hearing within two days of the start of his July 7 incarceration, according to the child's parents, Clifford Shatz and Joni Block of Willow Street in Foxboro.

But the Massachusetts Parole Board last Friday denied Fine's bid for early release, the couple said.

"A day or two after he got in there, he managed to get a parole hearing set. It made me feel like he's the only one who knows how to work the system," Shatz said.

Fine is on administrative leave as a Mansfield police officer.

In letters sent to the news media and to Mansfield's town manager, board of selectmen and police chief, the couple is opposing Fine's return to duties as a police officer.

Rose Shatz, who was a fourth-grader at Burrell Elementary School in Foxboro, died in her father's arms Dec. 2, 2006, near the family's home after being struck by the off-duty police officer's dump truck. She was the couple's only child.

The couple and another relative spoke Friday against Fine's early release during the hour-long hearing in Natick before two state parole board members.

Fine made a statement seeking to have his two months of jail time reduced to one month, Shatz said.

Shatz said the family was told it would hear the board's decision within 24 hours, but received word of Fine's parole denial in about 90 minutes.

Shatz said said his family is not vindictive.

"We really feel the full two months will give him some time to think about the kinds of decisions he made," Shatz said.

Following a jury-waived trial, Superior Court Judge Paul Chernoff found Fine guilty May 22 of driving his family's landscaping truck negligently and without the proper license for the size of the truck he was operating when he struck the child.

While acquitting Fine of the lead charge of motor vehicle homicide by negligent operation, Chernoff issued a special memorandum stating that, if this were a civil rather than criminal case, "this judge would find that it is more probable than not" that Fine's negligence caused the child's death.

During a subsequent hearing on June 25, Chernoff sentenced Fine to a two-year term, with two months to be served in the House of Correction.

Among the conditions of probation, the judge ordered that Fine undergo mental health counseling, abstain from driving for four months and perform 600 hours of community service approved by the probation department.

The judge stayed the sentence for 14 days to allow the Norfolk County Sheriff's Office to make custody arrangements.

Shatz said his family was told they would be notified when Fine began to serve his two months in jail. Hearing no word, Shatz said he began to make calls and learned on July 9 that Fine had begun to serve his sentence two days earlier - and had already scheduled a July 29 parole hearing.

That hearing was moved up to last Friday at the request of Shatz and his wife.

"We will never have our Rosie back with us," Block told the parole board in a statement. "She will never walk outside with us again. Yet, the man who killed her is requesting to walk outside early. He can go home to his children, he can play outside with them. He is requesting to go home early - to be released early - to serve only half of his two month sentence for taking away our girl."

Block noted that in his sentencing statement, Chernoff wrote that incarceration should serve as a deterrent for the offender and others.

"It is heinous to know that the person who knowingly and with intent broke the law, was pledged to uphold the law," Block said. "Let him serve the full sentence that Judge Chernoff passed, let him think about what he has done. Give the message to others, that that behavior and those actions will not be accepted."

Shatz said Fine told the parole board he didn't know he had to have a special license to drive the dump truck. Shatz said he found such a claim by a police officer "absurd," and expressed his view to the board.

On its Web site, the Massachusetts Parole Board defines parole, in part, as "the discretionary release of an inmate from confinement after he or she has served a portion of a prison sentence."

It says that an inmate serving a "House of Correction sentence or total aggregate sentence of 60 days or more is eligible for parole after serving one-half of the total aggregate term of incarceration, or two years (whichever time period is shorter)."

Don Giancioppo, the executive director and spokeman for the parole board, was unavailable for comment Tuesday.

David Weber, spokesman for the Norfolk County Sheriff's Office, confirmed that Fine began to serve his two-month term on July 7.

"He is being treated like any other high-profile inmate," Weber said.

The decision on Fine's future status on the Mansfield Police Department will be up to Police Chief Arthur O'Neill, Town Manager John D'Agostino said. O'Neill did not return a phone message Tuesday.

http://www.thesunchronicle.com/artic...ws/3440558.txt

Posted by: kwflatbed

Parents, wife concerned about jailed Mansfield officer

SHARON - The Mansfield police officer two weeks into a two-month jail term for a traffic accident that killed a 10-year-old Foxboro girl cries so often now, that his family says they barely recognize him.

Aaron Fine's parents, Elliott and Manya Fine, and his wife Jean spoke to a Sun Chronicle reporter Thursday for the first time since Aaron Fine was sentenced on June 25.

Elliott Fine contacted the newspaper about his 35-year-old son, who was sentenced to two years in the House of Correction, with two months to serve, for negligent operation of a motor vehicle in the Dec. 2, 2006 fatal collision between Fine's landscaping truck and Rosie Shatz, 10, who was riding her bicycle just a few feet from her home at 83 Willow St.

"He cries about Rosie Shatz. He cries about the world. He is being brutalized, and he won't let go," Elliott Fine said during an interview in his Sharon law office.

Aaron Fine's wife visits the jail Friday nights, and his mother visits on Sundays, Elliott Fine said.

Fine also speaks to his parents, his wife and his two young children, ages 3 and 7, on a special list of those accepting collect calls.

"It's heart-breaking. Our heart is broken because I feel I have lost my child, also. He isn't the same person," Manya Fine said. "It's hell on Earth."

Last Friday, Shatz's parents, Clifford Shatz and Joni Block, and another relative told the state Parole Board they opposed Aaron Fine's bid for early parole - and the board concurred.

The couple also has sent letters to the news media and Mansfield town officials opposing Fine's reinstatement to the Mansfield Police Department.

Fine is on administrative leave.

Elliott Fine declined to say if he expected Mansfield Police Chief Arthur O'Neill to reinstate his son.

"The paper has said it's up to the chief. I don't know anything more than that," Elliott Fine said.

After a jury-waived trial, Superior Court Judge Paul Chernoff found Aaron Fine guilty May 22 of driving his family's landscaping truck negligently and without the proper license for the size of the truck he was driving.

Chernoff acquitted Fine of the lead charge of motor vehicle homicide by negligent operation, but issued a special memorandum stating that, had this been a civil rather than a criminal case, "this judge would find that it is more probable than not" that Fine's negligence caused the child's death.

Elliott Fine said 76 letters of support for his son were submitted to Chernoff.

Fine also noted that in 2006, O'Neill recognized his son, "a workaholic," for having the most drunken-driving arrests of any patrol officer that year. Fine was also the Mansfield Police Union president at the time.

"Aaron's worked hard. He wants to be a police officer. That means more to him than anything else he would do," Elliott Fine said.

Jean Fine, Aaron's wife, said her husband's imprisonment has been especially hard on their 7-year-old daughter, who writes him letters and makes him cards.

The girl breaks down at least once a day, "bawling," Jean Fine said.

"She doesn't understand why he had to leave," she said.

"She's fine on the phone with him. And then when she hangs up with him, she starts to cry."

Jean Fine said she doesn't recognize her husband when they talk.

A couple of times on the phone, "we'll just be talking about the weather, and all of a sudden, he'll start to cry," she said.

"He's emotional, and normally he's not an emotional person," she said. "He's not usually a crier."

http://www.thesunchronicle.com/artic...ws/3451349.txt

Posted by: BrickCop

No winners in this situation....sad.

Posted by: Thimios315

Quote:

Originally Posted by BrickCop

No winners in this situation....sad.

BrickCop,

You're absolutely right...it's just a bad situation for everyone involved. From what I understand, Ptl. Fine is a good person as well as a hard-charger on the job. He made it through the Academy, despite having been stricken with cancer during training...

Guys & gals, keep your eyes open and stay safe. Look how fast things can go awry. We all know this is probably one of the hardest things that can happen to any single one of us - civilians and officers, alike.

It's such a scary thought when you realize it takes one split second to make your life go from normal & routine...to a living nightmare.

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