The chief of police in Ocala, Florida, has apologised after a mother and her son were killed in a suspected drink-driving crash minutes after officers encountered the men believed to have been involved.
De Lawn Marshall Duncan, 51, and her son Eric Derick Maurice McGill, 31, died on Tuesday 29 September when a minivan crashed into their vehicle near south-east Maricamp Road and south-east 36th Avenue, police said. Two other people were taken to hospital.
Ocala Police Chief Mike Balken said the collision might have been prevented if officers had taken further action during the earlier roadside encounter.
“To the family who have lost their loved ones, I am profoundly sorry,” Mr Balken said. “I only wish we had done more to prevent this tragedy.”
Family demands accountability after Ocala crash
Body-camera footage shows officers approaching two brothers after their vehicle had reportedly stopped in the roadway. The men were arguing nearby, and one of them acknowledged that he had been drinking.
“He’s my little brother, and he’s been drinking a little bit more than I have,” the driver told officers.
Police did not conduct a formal driving-under-the-influence investigation before allowing the brothers to leave, according to the department. Investigators said the vehicle was involved in the fatal collision minutes later, with speed believed to have played a part.
In a statement released on Thursday, the victims’ family said it appreciated the Ocala Police Department’s transparency but believed it should not distract from the decisions made before the crash.
“This tragedy began with the decision of the driver to get behind the wheel after drinking,” the family said. “There are also serious questions regarding the actions and missteps of the officer who encountered the driver prior to the crash, including what occurred after law enforcement was advised that he had been drinking.”
The family said those circumstances required “careful scrutiny and accountability” and asked for privacy while relatives grieved the deaths of two loved ones.
Officers face internal investigation
The officer who first spoke to the brothers has been placed on paid administrative leave. A second officer and a supervising sergeant who attended the scene have been reassigned while an internal affairs investigation continues.
Mr Balken said officers had failed to investigate possible impairment or ask basic follow-up questions about how much alcohol had been consumed before the men were allowed to drive away.
The department has consulted the State Attorney’s Office over whether the officer could face criminal charges. Prosecutors reviewed the matter and determined that the officer’s conduct did not amount to a criminal case, according to local reports.
The officer’s name has not been released. He told reporters he was unsure what he was allowed to discuss while the investigation remained active.
Mr Balken said any disciplinary decision would be made only after established investigative procedures had been completed. Possible outcomes ranged from corrective action to dismissal, he said.
Experts identify other options
Two retired Central Florida law enforcement officers who reviewed the body-camera footage said the younger brother appeared intoxicated. However, retired Orange County Sheriff’s Sergeant Mike Ruggiero said the driver did not display several physical signs commonly associated with impairment.
“I didn’t see the things that we normally associate with somebody that’s intoxicated,” Mr Ruggiero said. “He was very steady on his feet. He wasn’t stumbling or unbalanced.”
Because neither man was behind the wheel when officers arrived, the retired officers said an immediate arrest might not have been legally justified. They said officers could nevertheless have called a relative or taxi, or arranged for the vehicle to be towed so it could not be driven away.
