LOUISVILLE, Ky. — Editor's Note: LMPD acknowledged that Sgt. Timothy Nett was not at the scene as previously, the department is in the process of updating the incident report.
The family of a man killed in a fiery crash in the California neighborhood is suing the Louisville Metro Police Department after they say an officer ignored department policy and put lives at risk.
Trevon Mitchell was riding a moped at the intersection of Dr. W. J. Hodge Street and West Broadway July 6 when a suspect who refused to stop for police drove into traffic, crashing into a truck and running over Mitchell. Mitchell died, and the two people inside the truck were injured.
The lawsuit claims Sergeant Timothy Nett's "dangerous, negligent, reckless and unlawful high-speed police chase" led to the crash. But LMPD and attorney Thomas Clay confirm Nett was never at the scene, and his name was added to the accident report in error.
The police department released a statement Friday saying, "LMPD is in the process of amending the report and acknowledges the employee listed in the initial accident report was not involved -in any capacity- with the incident in question. An amended report with the correct information is forthcoming."
Attorneys said the suspect who caused the crash was not suspected in any violent crime and was not in a suspected stolen vehicle. LMPD's standard operating procedures also notes a pursuit is justified "only when the need of immediate apprehension outweighs the dangers created by the pursuit."
"This is an event that easily could have been, and should have been, prevented," attorney Ben Pittenger said. "As far as we know at this point in time, this was not a pursuit with regard to a felony offense that had taken place."
Attorneys provided surveillance footage from the crash, showing the suspect's car enter the intersection and crash into a truck. The truck hit Mitchell's moped and a car before an explosion.
Five seconds after the explosion, a police cruiser can be seen pulling up to the scene. After the crash, LMPD released a statement saying the officers who attempted the traffic stop decided not to follow the car.
The Kentucky Uniform Police Traffic Collision Report cited in the lawsuit says the officer terminated his pursuit when the suspect "approached W. Broadway at an excessively high rate of speed."
The department said it does not comment on pending litigation, and an arrest has not been made.
RELATED: 1 dead, others injured after suspect refuses to stop during attempted traffic stop in Louisville
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