Topic: State Trooper Manslaughter Trial - Accident or Negligence?
ladywolf9653's photo
Mon 05/11/09 07:33 AM
http://www.capemaycountyherald.com/article/49748-50+jurors+founds+opening+arguements+begin+today

Working from home today, was flipping through channels for background noise and came across live coverage of this trial. Being a cop's daughter, I stopped for a moment and watched, and had to research the case a bit. It led me to wonder what your opinions might be, hence the post.

Looking at the following facts:

1. Higbee was following an unknown (at the time) speeder
2. NJ Attorney General/State Police policy is that an officer "close the gap" between his/her car and the suspect prior to activating the emergency lights and siren
3. NJ has had over 150 non alcohol related accidents resulting in death in the last five years, including one where a school bus driver was busy talking on a cell phone, missed a red light & killed a pedestrian. NONE of those cases resulted in criminal charges.

Does it make sense to file criminal charges against this man, or was it an accident? Prosecutors argue that the trooper should have known the area, known that a stop sign was approaching, and known that traffic from the other direction does not stop. They're claiming that the trooper acted recklessly and it resulted in the victims' death.

I understand that there are bad cops, I truly do. However, I can't help but wonder why this case? Why not any of the others? In reading everything I can find, and even with the caveat that you can't believe everything you read, it looks to me like a tragic accident, not the gross negligence being claimed.

But, that's just me.

Fanta46's photo
Mon 05/11/09 07:56 AM
Gross Negligence!

Sojourning_Soul's photo
Mon 05/11/09 08:20 AM
Going 70 - 80 to catch a speeder..... isn't that a joke! A double standard at best. Why didn't he radio ahead for an intercept, making the arrest after he arrived "safely" to the scene?

Obviously he had the speeding vehicles details if they know who the driver was. His poor judgement killed the two girls! He deserves to be charged and convicted. Perhaps not a "bad" cop, but one with very poor judgement and unqualified for the position of "traffic safety officer".

FireRescueVol's photo
Mon 05/11/09 08:55 AM
I was on a volunteer fire department for 15 years. Just because you have light and sirens does not give you rights to run stop lights, stop signs, or any other actions that may endager the public. There is a law in the state that I live that states that any and all emergency responders, firefighters, EMS, and police officers must use "due regard". Which means in plain terms do your job but do it safely. If there was a stop sign then yes the officer is at fault if he did not clear the intersection to make sure no traffic was approaching before proceeding.