Trooper Charles Van Morgan
The attorney representing the family in a $10 million lawsuit involving THP and the Department of Safety said a trooper violated a car crash victim's civil rights.
Attorney Marcos Garza is representing the family of Kyle Anito. The 20-year-old died on November 26 after his car crashed into a tree on Andersonville Pike. A lawsuit filed in federal court Tuesday said Trooper Charles Van Morgan passed the crash after he was pursuing Anito for speeding. "They felt like they had to do something, not a simple letter to the boss or something. They had to do justice," Garza said.
At the time, Anito was allegedly going 79 mph in a 40 mph zone.
"(The family) acknowledge(s) the fact their son was speeding and that they were fleeing from the officer," Garza added.
The suit claims the video in Van Morgan's patrol car shows the trooper arrived at the scene of the crash seconds after it happened.
The family says Van Morgan observed the wreckage, then drove away, radioing that he had terminated the pursuit. He did not report the accident or call for help for the driver.
The suit alleges Van Morgan waited less than half a mile down the road for the accident to be reported when he responded.
"Family feels this is something that should never happen. That the pattern of conduct that occurred in this situation shouldn't go unchecked," Garza said.
The lawsuit is against Van Morgan, THP, and the Department of Safety.
10News spoke with Van Morgan from his South Knoxville home. He said he could not comment on the case because he has not been issued the lawsuit yet.
THP said Van Morgan has been recommended for termination, but by law, is allowed minimum due process before action is formally taken. He is on discretionary leave with pay.
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