Boston Police: Officer violated department rules in fatal South Boston crash

Channel 5 reports that the Boston Police Accident Review Board determined Officer Jesse Stotts violated several department rules when he plowed into Ann-Marie McNally of South Boston on Nov. 10.

McNally died and Stotts suffered injuries that continue to keep him off the job. At the time, Stotts was responding to a report of an officer in trouble. The board said Stotts entered the intersection of West Broadway and D Street at 52 m.p.h. even though his view of the intersection was obscured.

In July, the Suffolk County DA's office determined that McNally was not at fault but that it could not bring charges against Stotts because of state laws on responsibility when an officer is responding in an emergency. However, the DA's office called on Boston Police to review its emergency-response procedures.

It is up to Commissioner Ed Davis to determine whether Stotts is disciplined.

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violation of several department rules

I wonder if Commissioner Davis' discipline will take into account that Officer "Jesse Stotts violat[ion of] several department rules" resulted in the death of an innocent bystander - a driver who was going through a green light - who was not at great risk except as a result of the Officer Jesse Stotts's bad decisions which he made in violation of department rules.

If the law in the Commonwealth allows officers, in the course of their duty, to not be responsible for accidental deaths, then surely departmental rules provide for suitable penalties and place the officer in another role in the department.

I don't see how the Commissioner can put him back out on the street in a patrol car. If this officer is ever involved in another fatal motor vehicle accident on duty the Commissioner's ass would be grass.

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Lessons Learned

Unfortunately, this officer is probably one of the few who actually learned an important lesson about driving a cruiser against traffic signals. He might be one of the safer ones now, having smashed his cruiser and killing somebody like that. I doubt he feels happy about the incident, and I suspect he'll look twice for his own safety if not some other person's safety.

The question is: how do you spread this lesson into the entire force? What policies and training are needed? Keep in mind that these kinds of accidents are occupational hazards - they have the potential to injure or kill the officers involved.

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Sad

By on

Homicide without compensation. Justice?

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justice

It doesnt mean the city or officer isn't at fault, it just means the officer cannot be sued when going to an emergency. This is an exceptional case to this rule I would think though.

What would be justice to you? The cop going to jail? The cop selling his house and giving the money to the family of the girl killed? The cop admitting he is wrong?

Its sad all around.

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criminal liability / civil liability

I think you've confused criminal liability with civil liability.

The officer has no criminal liability under the laws of the Commonwealth. I believe he is still liable for civil damages and if not him as an individual, the BPD and the city of Boston.

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