Officer hit another car en route to car-plunge scene

Published: Thursday, July 7, 2011 at 5:16 p.m.

Last Modified: Thursday, July 7, 2011 at 5:16 p.m.

VENICE - A Venice police officer was on his way to the scene of a submerged car in the Intracoastal Waterway on Tuesday when he collided with a car, sending two people to the hospital and setting off a dispute over who was at fault.

Police and the driver disagree about whether Officer Charles Rizzo had his emergency lights and siren on when he accelerated from Ridgewood Avenue onto Pinebrook Road and into a 2010 Ford Fusion driven by John McFadden, 84, who was traveling north on Pinebrook. The cars spun out of control and the Fusion hit a utility pole.

Rizzo said he thought the Ford had stopped, reports show.

"He went through the stop sign and hit me broadside," said McFadden, who lives a few blocks from the accident. "I didn't hear nothing. I would have pulled over."

McFadden, who does not have any moving violations on his Florida record, was cited for failing to yield to an emergency vehicle. His wife, Jean McFadden, 81, remains in the hospital with a punctured lung. Rizzo was treated for a hand injury.

A witness said she saw police lights "then no lights and car parts flying."

"I couldn't tell you where everyone was coming from," said Sally Hagan, who was driving her Toyota 4 Runner south on Pinebrook Road, opposite McFadden and was about 200 feet from the intersection where the accident happened.

"The police officer got out shaking his own hand, and immediately went over to the car" to get the people out, Hagan said.

Police Chief Tom McNulty said his officers followed procedure by turning over the investigation to the Florida Highway Patrol, which cited McFadden. McNulty said that Rizzo, who is 27 and has been with the police department just over a year, had the patrol vehicle's lights and siren activated. The crash was his first as an officer.

"It's an unfortunate event," McNulty said. "You don't like to assign blame but the officer was responding to a life emergency."

A second Venice police officer reported that John McFadden was on the ground outside the vehicle when he arrived on the scene moments later with another officer. Jean McFadden, 81, was in the front seat and could not get out of the car because it was damaged. Police assisted Jean McFadden and the couple's son, Thomas McFadden, 47, who was in the backseat.

John McFadden is upset that he was ticketed and said he plans to contact an attorney.

"It's not right."

It is not clear whether the accident delayed police from responding to David and Sue Rosenberg, the couple pulled from their sinking Nissan Maxima by six Good Samaritans. The police accident happened at 8:27. Police responded to the submerged car four minutes later.

The bystanders say they only had minutes to pull the couple from the car before it sank in a marina near the Crow's Nest restaurant.

David Rosenberg was parking his car to take his wife to dinner for her 75th birthday. His foot hit the accelerator instead of the brake, according to a police report. The Nissan lurched forward, broke through a rope fence, over a seawall and into the Intracoastal Waterway.

"It's a miracle; we almost lost them," said Phil Hull, who jumped in the water with five other people. He said they held on to the trunk to stop the car from nosediving until bartender Jeremy Kudritz broke the windshield with a hammer. Sue Rosenberg had swallowed a lot of water and the rescuers leaned her over pilings to clear her lungs, then hoisted her onto a boat that arrived on the scene. The bystanders helped David Rosenberg get on shore; he was not injured.

Police arrived at the marina after the car sank and just as fire department and emergency medical technicians were helping Sue Rosenberg from the boat.

Victims from both accidents crossed paths at Venice hospital.

David Rosenberg said that he saw the injured police officer in the emergency room. An officer who came to take a statement from the Rosenberg's told him what happened to Rizzo enroute to rescue him.

"It's like a Monty Python episode," Rosenberg said, referring to the farcical British comedy.