Philadelphia Injury News

Son’s death not accidental, Mom will sue police cruiser

Police officer of Franklin Township will be facing legal by the mother of a 10-year-old boy who was struck and killed by his police cruiser due to the decision not to charge made by the department.

Last Monday, Michelle Harding, the mother of Matthew McCloskey released a statement that the death of her son was not accidental. It was a clear negligence committed in the training, reasoning and road management of the officer who created a scenario that it was just a matter of time before her son died.

Last Dec. 28, police Officer Nicholas Locilento, age 23, was answering a call about a misbehaving juvenile but a call classified by investigators as non-emergency. On his way to the scene, his cruiser hit and killed McCloskey along Delsea Drive in Franklin Township as the young boy and two friends were running towards a friend’s house for a sleepover.

According to investigators, Locilento was driving at 74 mph in a 50 mph zone and did not have on the emergency warning equipment when he hit McCloskey.

Presently, the law in New Jersey law acknowledges that police officers are allowed to exceed speed limits to perform their duties properly and for them speeding is not a crime inasmuch as they employ caution and not recklessly disregard the safety of people in the road.

After investigation made last Friday, the authorities deemed that Locilento does not face any criminal charges in the boy’s death. According to them, he was not driving recklessly for he was neither DUI, using his cellphone and lacking in sleep prior to the accident.

In the Township of Franklin, it is standard practice for officers not to use their sirens or cruiser’s lights in non-emergency situations.

Authorities said that following the accident, Locilento rushed to the boy and started emergency aid procedures. However, later that night, the boy died from his injuries.

The mother of the victim disagreed with the decision of the prosecutor’s decision.

Harding stated the facts that State of N.J. and Township supported the case of the police officer when they built a higher probability that a child was killed when the officer drove in that manner on that road and less on the probability of  some individuals being killed or injured in the call to which he was responding, She continued that she saw a properly trained officer has his sirens and lights on running at a speed that takes into account the conditions of a road are the scenario that reflected preventing the tragic death of his son.

Harding further accused the office of the prosecutor who blamed the incident on her son. Harding’s attorney also said he was disappointed by the Prosecutor’s decision.

The legal counsel said that looking through the lines of that statement that they placed more fault on the child than they did with the police officer it seemed that they find no fault when their kids can get dropped off three blocks from their house and expect to feel safe to come home.

Harding plans to take legal action.

If you or your loved one has been harmed or fatally injured due to negligence or someone else fault, contact a personal injury lawyer now for free consultation. You may be entitled to financial compensation for economic damages, as well as pain and suffering.

Source: NBC Philadelphia Com

Outbound Link: Police Crimes Com

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