MIDDLETOWN, Ohio - The Middletown police officer who hit and killed a pedestrian in January while responding to a call violated internal policies by driving too fast and has agreed to a 15-day suspension, police officials announced today.
David Kirsch, a 10-year veteran of the police department, entered into an agreement with the city of Middletown to waive his grievance rights for any future sustained policy violation, Police Chief Mike Bruck said in a statement.
A Butler County grand jury declined earlier this year to indict Kirsch on criminal charges in the Jan. 21 death of Donald McCray, 75.
Kirsch still faced the possibility of departmental discipline if an internal investigation concluded he violated policies.
Kirsch was driving his cruiser toward the scene of an officer being assaulted when he hit and killed McCray, who was walking outside a designated crosswalk on Grand Boulevard near the Grand Illusion bar.
Bruck could not immediately be reached for comment today. But a recent report to him from Butler County Prosecutor Robin Piper sheds light on the case.
Piper cited several factors that culminated in the crash:
-- Kirsch drove 89 mph to 93 mph when his cruiser hit McCray, and Kirsch "took evasive action to try to avoid hitting Mr. McCray," Piper wrote. That area has a 35-mph speed limit.
-- McCray continued walking at least a dozen feet past the point where the sirens and lights on Kirsch's vehicle should have been noticed.
"It is likely the accident would have been avoided, had Mr. McCray stopped his forward progress just a step or two sooner," Piper wrote. "In other words, this tragic event could not have happened but for a series of factors which combined together…Every tragedy does not necessarily rise to the level of criminal offense."
Information From: AP Wire Services
Posted by: USMCMP5811
Kirsch was driving his cruiser toward the scene of an officer being assaulted
So he got diciplined for rushing to aid a fellow officer who was in trouble? WTF?
Posted by: SOT
Look if the people didn't indict him, wtf is the problem...and even then if they did one would hope that his department could figure out that rushing to aid an officer being assaulted is a normal thing.
Posted by: LA Copper
While I understand what you guys are talking about as far as coming to the aid of a fellow officer in need, this officer still killed someone while driving more than 85 miles an hour. That's a little much. Think of it this way, you can't get there to help if you're involved in an accident on the way there.
What if this were your father or grandfather that was killed?
I've responded to radio calls of officers who have been shot and been involved in major traffic accidents and I've also been the one putting out the call for help on a number of occasions so I'm no rookie making a statement where I don't know what I'm talking about. But, an innocent citizen is dead because this officer drove recklessly. It's kinda hard to just write that off. I believe he was darn lucky he wasn't prosecuted. Don't get me wrong, I'm glad he wasn't and I'm glad for him, but he is lucky.
Posted by: Delta784
I have to agree with LA Copper here, it's pretty hard to justify going 90mph in an environment where there are pedestrians present. The only times I've gone that fast have been during pursuits.
I always tell the newbies; you do no good at all if you don't make it there, and the brass will hang you out to dry at the first opportunity. Drive that way.
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