There are clear similarities between two incidents in the last 12 years, both involving officers with the Charleston Police Department crashing into a car and killing the driver.
The officers served the department for about two years, drove at fast speeds without their lights or siren and then killed an elderly woman in the driver's seat.
It's evidence in the recent crash that sets the two cases apart, Charleston City Attorney Paul Ellis said.
Along with a crash report and statements from the officer, Ellis said a pending criminal investigation into the most recent crash includes in-car video and data from a device that recorded the cruiser's speed.
"In this case, we've got a black box, we've got video. We know what happened," he said.
The case opened after officer Stephen Doss responded to a domestic violence call Jan. 4 and crashed into an elderly woman in the 400 block of West Washington Street.
The department previously said it appeared Doss drove in the left lane of the two-lane, one-way road. Though police said the woman seemed unharmed at first, city officials announced her death five days later. Chief Brent Webster, of the Charleston Police, previously said loved ones did not yet want her name released.
"The family, from the beginning, has really stressed how important their privacy is at this time," he said.
On Oct. 14, 2005, a former officer of the department responded to a domestic dispute at the Kanawha Mall, where another officer was already involved at the scene.
Patrolman Brandon Tagayun crashed into Patsy Sizemore, 69, at the intersection of MacCorkle Avenue and 46th Street. Sizemore died at the scene, and Tagayun later pleaded guilty to two misdemeanors for speeding and failing to use his emergency lights and siren. Authorities dropped a charge of negligent homicide, and Tagayun received one year of probation.
Multiple reports contradicted each other during the investigation into Tagayun's crash, which involved findings from both the Charleston Police Department and West Virginia State Police.
According to three different sources, Tagayun's speed was anywhere from 60 to 80 miles per hour. Traffic Safety Consultants, of Richmond, Virginia, compiled a report for an attorney hired by the city. It said Tagayun's speed and Sizemore's failure to yield caused the crash. A report by State Police said Tagayun's disregard for state traffic laws was the sole cause of the crash.
Both agencies agreed Tagayun failed to use his lights and siren, and Sizemore likely had no seatbelt on.
Ellis said the help of an outside agency is not needed in the new investigation because questions that emerged in Tagayun's case were all answered after the recent crash.
In accordance with state law, Doss will remain on paid leave until the investigation is complete, Ellis said.
According to West Virginia Code, police officers are entitled to a hearing before a discharge, demotion, suspension, or reduction in pay or rank can be considered.
"You can't do anything that hits an officer's pocketbook, wallet, without going through the process set forth in the state code," Ellis said.
nnn
Tagayun resigned in 2006 and joined the St. Albans Police Department as a patrolman in 2008. The agency promoted him to sergeant in 2016.
Apart from the evidence, Tagayun's case is unique from the ongoing investigation into Doss when it comes to the actions of each officer's supervisor.
Tagayun's supervisor at the time, then-Cpl. Teddie Malone, trailed behind the officer as they both responded to a call without their lights or sirens on. The department later suspended Malone without pay for 160 hours and reduced his rank and salary for 640 hours, according to a record filed by the department. He also had to undergo complete remedial training.
Tagayun's crash involved an investigation of his supervisor, which is not the case after Doss' crash.
Webster said it's not often a supervisor can drive with an officer to each scene, making the investigation of Tagayun's supervisor a rarity.
The supervisor for Doss' patrol zone was not present for the crash.
In all cases, both state law and department policy mirror rules that dictate when an officer can break the law while responding to a call.
"We don't want emergency driving to be an afterthought," Webster said. "We don't want it to be something that we just go out there and do because we have a police car."
Department policy says officers must "balance competing risks consistent with the broad mission to 'protect and serve.'"
Webster said officers are sometimes allowed to run red lights or drive faster than posted limits if they trigger their lights and siren. However, they must first get permission from a supervisor to engage in what authorities call "code 3."
Officers can use discretion and decide to respond without permission, especially if the call is for something urgent. Such calls might be for a robbery, car wreck or shooting, Webster said.
He said the policy allows an officer to respond when he or she can't immediately reach a supervisor. However, the officer must ask for permission when possible, and the supervisor can decide whether the officer should continue.
"It's not New York City, but we take about 60,000 calls a year, so a lot of times there's a great deal of radio traffic going on," Webster said.
Still, an officer's ability to break the law does not relieve him or her from "the duty to drive with due regard for the safety of all persons," the policy states. Likewise, an officer is not protected from "the consequences of his reckless disregard for the safety of others."
Webster said officers must slow down before driving through a red light. They must also be mindful of speed when driving through populated areas.
"Just because you can go lights and siren, though, doesn't mean you still don't have to pay attention," he said.
nnn
Though Tagayun later continued a career in law enforcement, his crash is still used as a caution to new officers.
Ellis said recruits and new officers are reminded to make calculated decisions throughout their time at the academy, field training, orientation and the daily roll call.
Each new officer undergoes several weeks of in-class training after the swearing-in ceremony, and Ellis said he organizes one day of the program.
He said Tagayun's wreck is always used as an example of what can happen if policy and training are put aside.
"If they don't have lights and siren on, they have no right to do anything I can't do in my personal vehicle." Ellis said.
Webster said his officers are constantly reminded about the responsibilities of driving an emergency vehicle, whether it be from Ellis, training officers or himself.
Thought constant reminders are helpful, Webster said it all comes down to whether an officer decides to comply with state law and department policy.
"We will continue to do a variety of training, but the most important thing we can do is preach it at every time we can," he said.
Reach Giuseppe Sabella at
giuseppe.sabella@wvgazettemail.com,
304-348-5189 or
@Gsabella on Twitter.