August 29, 2011
New court documents shed light on what happened in the moments leading up to an accident at the intersection of West Main Street and 4th Street NW. At that corner on November 5, 2007, an Albemarle County police officer hit a man crossing the street in a wheelchair (video embedded below).
Forty seconds is the amount of time Officer Gregory Davis' sat at the red light before it turned green and he entered the intersection, turning left from 4th Street onto West Main. The dashcam video on his police cruiser left many people wondering what was happening in the seconds before Davis crashed into Gerry Mitchell.
Texting While Driving Law
The texting while driving law took effect in Virginia in 2009. It is a secondary offense, meaning police officers cannot pull over a driver for it unless there is some other primary violation (i.e. speeding, expired tags, etc.).
If caught, the penalty is a $20 fine for the first offense. It's $50 for the second.
The texting while driving law does not apply to the operator of an emergency vehicle, including police officers.
Officer Davis' statement says:
At some point during my turn into the intersection, I was looking at my cell phone. I did not try to avoid the accident because as soon as I saw Mr. Mitchell my vehicle hit him.â
The statement has surfaced as Mitchell's civil lawsuit filed against the officer is being heard. However, it fails to mention texting, a new key clue according to Mitchell's attorney, Richard Armstrong.
âWe get this answer from him that says 'during the turn, I may have looked down at my cell phone,â said Richard Armstrong, Mitchell's attorney. âIt doesn't say anything about texting.â
During the investigation, when asked about disciplinary actions, Officer Davis said he was âfound to have used my cell phone excessivelyâ. Armstrong contends he was disciplined for excessive use on the day of the accident, including excessive texting during the drive to the scene of the accident.
âHis answer about being disciplined for excessive texting was artful at best,â the attorney claimed. âIt didn't say he was disciplined for excessive texting on the day of the accident.â
Furthermore, Mitchell's attorney says he's learned that Davis made a statement to a fellow officer about his texting and cell phone use on the day of the accident and one or more statements were recorded.
Armstrong believes texting could explain why a driver could be so distracted. A hearing is scheduled for Wednesday regarding the new texting evidence. The case will go before a judge in September.
The Albemarle County Police Department was contacted but declined to comment on this story. As for Officer Davis, he still works with the department.
Mitchell broke his shoulder in the accident, which he says just added to his already poor health.
Latest Comments
Posted by: Pat Location: Charlottesville on Aug 29, 2011 at 08:30 PM
I work on West Main Street and I see the man in the wheelchair often. He is arrogant, and does not look before crossing the street or driveways. He expects people to see him and move out of his way. He has his 'friends' cut hedges and bushes along the street because they are in 'his way'. I think if this man had used just a little common sense, he would not have been hit. I look for it to happen to him again. I walk and run in town often and would never cross at a pedestrian crossing or in front of a driveway or entrance to a business, especially with cars around, without keeping an eye on the drivers. No one is perfect. We all have a responsibility to watch out for ourselves. Whether the police officer was right or wrong, no one should assume anything.
Posted by: Wow Location: Palmyra on Aug 29, 2011 at 07:15 PM
1. He's really being referred to as "Wheelchair Man"? 2. Was the cop really listening to "My Humps"?
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