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Pedestrian Struck, Killed By Santa Rosa Deputy
May 5, 2013
A Santa Rosa County deputy struck and killed a pedestrian Saturday night.
Just after 8:20 p.m., Deputy Joseph Dunne, 45, was traveling westbound on Highway 90 in a 2011 Chevrolet Impala near the intersection of Sunset Drive in Pace. Pedestrian Bruce Crutchfield, 56, was walking westbound within the outside lane of Highway 90, according to the Florida Highway Patrol. Dunne was unable to see Crutchfield in order to stop in time, the FHP said. Crutchfield was wearing dark clothing in an area with poor lighting.
Crutchfield was pronounced deceased at the scene. No charges were filed against Dunne.
The accident was investigated by the Florida Highway Patrol.
Comments
27 Responses to “Pedestrian Struck, Killed By Santa Rosa Deputy”
MM – yes I do it for a living — but it is obvious by the references below that you do not…
782.03 Excusable homicide.–Homicide is excusable when committed by accident and misfortune in doing any lawful act by lawful means with usual ordinary caution, and without any unlawful intent, or by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, without any dangerous weapon being used and not done in a cruel or unusual manner.
782.071 Vehicular homicide.–”Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
By accident — or through reckless operation of the police car — it is still a form of homicide.
The Deputy knows if he was distracted or not. Dash cam video (if there is one) would either support or hurt the “couldn’t see him in time” defense. Has it been preserved?
If a plantiff attorney files a lawsuit, and I expect that one will in this case (Counties and Sheriffs are viewed as having deep pockets) it will be interesting what the discovery process turns up. Either way, the family is going to get a check.
If you do it for a living then you would know the state of Florida dosent go by websters dictionary it goes by the definitions in state statute and for it to be considered a crime such as homicide intent has to be proven so while the case is under investigation it’s considered an accident until proven otherwise.
To those I struck a nerve…
I DID indicate that the pedestrian wasn’t using appropriate safety practices. But pedrestrians ARE entitled to use the road and shoulder when no sidewalk is present.
The LEO that hit the man doesn’t get a blanket pass. Contributory negligence could be involved here. Yes, the pedestrian has a portion (possibly even the majority) of the negligence in his death. However, IF the LEO was “multi-tasking” by texting, typing on a computer terminal in the car — or exceeding the posted speed limit — he shares in the negligence. Inattentive driving due to multi-tasking equates to reckless driving. Exceeding the posted speed limit at night — or even driving beyond the ability of your headlights to adequately illuminate your path also is reckless and results in negligence.
The same would be so if the average Joe was driving his personal vehicle and also stuck the man.
As for the definition of homicide — Merriam – Webster defines it as:
1: a person who kills another
2: a killing of one human being by another
Through the operation of a Santa Rosa County Sheriff vehicle — one human was killed by another… satisfied? The FHP considers any auto related collision resulting in death as a HOMICIDE investigation. Geesh!
Rest assured — the Sheriff’s insurance carrier WILL pay out a settlement and never allow a wrongful death case to go to trial. How do I know? I do this for a living — from the insurance carrier side!
@WM thanks for giving us the statute number so we can all read and see that you are wrong. He was walking on the wrong side of he road with traffic not against it and not walking on the shoulder he didnt have th right if way as there was no pedestrian crosswalk with markings or signs. You should have read all of the sub sections before you started throwing out statutes and placing blame. Oh yeah just because some one dies dosent mean its a homicide that would be chapter 782 if you would like to read that one.
i dont understand how you can hit a person that your LOOKING FOR!!!!! i thing they should pull the cops phone records and coputer records to see if there is eny thing that could have destracted the sop into hittin him
It’s interesting you’ve pulled out a state statute that also states that pedestrians must walk facing oncoming traffic not with traffic. If you read the article the pedestrian was walking westbound in the westbound lane meaning he was breaking the law and is at fault not the LEO regardless of whatever distractions you assume the officer had. The pedestrian is responsible for his own safety and that means obeying the laws in place which he failed to do.
OMG thats my granny nancys husband its really sad you always see bad thing happing to other people and there family but you never thik it will happen to yours
i love you granny and RIP BRUSE you were always so funny and kind hearted we all love you and granny i hope you feel better soon and we can slowly put this impact from this terrable trajedy behide us all soon!
Try this game when you are driving at night.
You and your passenger count the number of pedestrians that you pass.
See if you come up with the same number.
I started to do this last November when I nearly clobbered a guy making a legal crossing at a light, but I didn’t see him until he was 10 feet away. My wife said that she saw him.
And, yes, he was wearing dark clothing, and yes, I was looking for pedestrians crossing. I was making a legal left turn.
JT – you might find this interesting reading…
http://www.meldonlaw.com/library/pedestrian-rules-of-the-road-for-safety-in-florida.cfm
Per Florida Statute §316.130, pedestrians surely CAN use the roadway when no sidewalk is provided.
Granted, the victim was not using the best or even proper safety practices as a pedestrian — but I still want to know more about the actions of the Deputy while he was operating a police vehicle when a homicide occurred. Don’t be so quick to think he has no contributory negligence in the matter — just because a good ol’ boy in tan cleared a good ol’ boy in green in the INITIAL investigation…
@readtheartical: He was driving a 2011 Chevy Impala. One would automatically assume that’s his patrol car.
@wm – You are incorrect. Pedestrians do not have right of way on the road in the dark. They have right of way when legally crossing in a cross walk. I love how the public automatically jumps on the cop. They are always the one at fault. If it is proven that they are not at fault then the public says it’s a cover up.
Truth of matter is justice will be served! Phone records needs to be pulled, time on his car computer, and anything that can be proved he was distracted, and compared to the time of accident!!!! This makes no sense how a cop going to a call of a man walking down the road and he hits the man he’s looking for!!! Nonsense! This family deserves answers!
Maybe we should start printing signs and bumper stickers that say “Watch For People” — just like all of those who feel motorcycle riders are never at fault when they are hit.
I hate to break it to some posters — but the last time I reviewed driving regs, pedestrians DO have the right of way… Pedestrians, bicyclists, motorcycles, cars, and trucks — they all use the roadway.
It would be interesting to know the speed of the cruiser, and what the officer was doing while driving when the impact occurred. Sadly, we’ll never know. The Sheriff’s automobile insurance carrier will pay out a cash settlement and never allow any case/claim to make it to a court room.
No where in this story does it say Sgt Dunne was driving a patrol car.
It’s pretty simple. Don’t walk in the roadway and chances are you won’t get hit. Ithere is a growing fad, custom, phenomenon, or whatever ever of people walking in the roadway and thinking that they have the right to be there and refusing to move over. I’m not talking about crossing the road or street but walking in the road even on or to the inside of the white line. They seem to be daring you not to move over. Try driving anywhere downtown and you’ll quickly see this ( I’m sure most of you have). They will even do it when a perfectly fine, and expensive, sidewalk is available. The initial report would not have said he walking “within” the roadway if he hadn’t FHP would not risk the fall out. The evidence doesn’t allow for “watching each others back”. Debris, shoe scuff marks, yaw marks, etc tell the truth.
> I don’t care if it’s on the “Bike” lane or not it’s still the road.
Bikes belong in the bike lane, not pedestrians. Ever. After sunset, the bike would need working lights and a reflector, too.
I have almost hit several people (both walkign and on bikes) along this particular stretch of road under similar circumstances. Usually they are either ON the line or IN the road, and they tend to lean towards dark color clothing with nothign reflective. The last two times I literally saw them at the last second and barely missed them by swerving into the outside lane (once it almost resulted in me sideswiping another vehicle).
Can’t place much blame on the Deputy if this person put themself into a situation where he could not see or could not avoid them!
@ WM and others. I know your reaction time is great when driving. Try a dark roadway add dark clothing and any other number of factors as traffic and I know you would not have hit this person. In the real world it does not work that way, why people walk in the roadway at night with dark clothing I can not understand.
LEOs by the nature of their jobs are the ultimate distracted driver… Yes, the computer terminals in the cars aren’t helping the situation either. In addition to the glare from the screen — IF officers are looking/typing while driving, it is equal to or worse than texting while driving via smartphone…
A simple check of the unit computer as well as any county or personal cell phones will give an indication if there was any texting/typing while driving at the time of the collision. I expect the vicitm’s family’s attorney – if one is retained – will explore that possibility.
Modern vehicles also have “black boxes” of sorts that record data on the operation of the vehicle and its systems. If there was no braking involved before the point of impact — my opinion would be a distracted driving situation no matter the illumination on the street or the color of the victim’s clothing. Properly operating headlights at NORMAL highway speeds would effectively illuminate such a hazard by an attentive driver of any vehicle who is properly focused on the act of driving the vehicle.
I suspect that such incidents involving county vehicles are investigated by the FHP. However, there is the element of human bias in the form of LEO to LEO professional courtesy that could result within the initial scene investigation.
Prayers go out to both families. As a friend of Sgt. Dunne, I know him as a kind hearted man who wouldn’t hurt a thing or anybody. I doubt they are trying to cover anything up. I leave work from Ollies at night and it is very dark in that spot especially, and it is dangerous to be stumbling down hwy 90 at night! I i hate that this tragic event had to place a burden on the shoulders of a great officer/person as Sgt. Dunne. I prsy peace can be found with both the families on this horrible event.
Prayers for all involved. May God give Deputy Dunne peace and bring comfort to the family of Mr. Crutchfield.
Im sorry something is not making any sense. Why would someone be walking away from traffic, AKA the same direction as traffic, out in the busiest 4 lane street in Pace, a half mile or so from Walmart. I travel that area all the time and I have never seen anyone, day or night, walking “within the outside lane”. I am taking that to mean that he was walking the direction of traffic out in the highway. The other thing is there is no reason for it, there is a bike path there too, as well as a good shoulder to walk on. I am sorry that this happened but I feel this needs to be investigated further. As busy as that highway is he practically would have had to jump out in the highway in front of the patrol car to be hit by him, otherwise someone else would have hit him. Im not talking negative about law enforcement either, but I was in law enforcement and I know that they watch each others back when they investigate a fellow LEO. And I also agree with “Fishhook240″ there is a lot of distractions in todays cruisers, with laptops, cell phones, police dispatch radios, car radio, food, drink, etc. LEO’s are not perfect they get distracted and run off the road occasionally too. Also at 8:20 the officers eyes were just adjusting from day light to night time since sunset was at 7:30 pm. There may have still be a slight glow in the sky since it was a clear sky on the evening of the 4th. This needs to be re investigated more thoroughly. With witnesses offering testimony. Im sure there were some out there.
Not every department has computers in the patrol vehicles. It’s just like all these other people hitting pedestrians…they walking on the road like crazy people I don’t care if it’s on the “Bike” lane or not it’s still the road.
I agree with Fishhook, I believe the computers in the cars are , causeing the police officers not to see as good as they would without them. Plus There are alot of people that wear Black at night, Why not sure. people you need to wear light color clothing at night.I’ve myself have come close to Hitting someone.
God Bless The Familys of Both.
I’ve noticed lately a lot of people walking at night with dark clothing on. And sometimes they will wait to you are right at them and they will cross in front of you.
First off I’m not being negative to law enforcement, but just wondering are the computers in their cars making it harder to see at night. This is not the first time this has happen lately. It happen in Escambia a few months ago on Mobile hwy.. The laptop computer may be too bright and may put up a glare are something. Just wondering do they need to look into that.
Praying for peace for both families