Southaven, MS : Daughter killed in a ATV crash Southaven on Thursday November 5 2015
A family is suing the Southaven Police Department, claiming one of their officers played a part in the ATV crash that killed their daughter.
She taught us more than we ever taught her,” said mother Denise Smith. “I miss her so much. There will always be a hole where she should be.”
Smith’s daughter Taylor Hopper died in an ATV crash on Tulane Road on February 7, 2015, just two days before her 22nd birthday.
The official crash report states Southaven Police Officer Dwight Brittain pursued the ATV and then drove around it “with his emergency equipment active.” The report says Officer Brittain stopped in front of the ATV before crossing the state line into Tennessee.
According to the report, Hopper and driver Zach Wilburn were thrown from the ATV when they attempted to steer around the patrol car.
According to the Mississippi Law Enforcement Standard and Training Office, Brittain was not certified to be a police officer at the time of the crash, because his certification lapsed in October 2014.
It's like everything that was handled that night was handled completely wrong,” said Hopper’s stepfather Tim Smith. “So we want to know the whys and we want Southaven to step up and answer those questions.”
The office also reports on February 11, four days after the accident, Brittain was reassigned to a non-law enforcement position, meaning he was not allowed to perform duties of an officer.
There should be action to consequences that every - if they did wrong, you should be held accountable for those,” said Denise Smith.
The family has now filed a lawsuit against the city of Southaven and officer Brittain. Attorneys claim "Defendant Brittain immediately slammed on the brakes of his patrol car in an effort to force the ATV to stop and to prevent Wilburn and Hopper from crossing the state line.”
Southaven city officials will not comment on the allegations, but Mayor Musselwhite released a statement on the matter:
The City of Southaven disagrees with the allegations expressed in this complaint and will put forth a vigorous defense involving all the facts in this matter. We look forward to this case advancing in the judicial system."
Southaven police said Brittain is still working for the department. Five months after the crash, he attended the “needed necessary training and was re-certified as an officer” over the summer.
The driver of the ATV has also filed a lawsuit against the city and officer Brittain.
Source:
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