Cpl. Mario Chavez, the police officer involved in the fatal car crash that killed 20-year-old sophomore Brian Gray in December 2007, will be tried in traffic court Wednesday morning for a citation he was issued months after the crash.
Although Chavez admitted to consuming alcohol the night before the collision, he was not asked to complete a sobriety test at the time of the accident. Gray’s mother, Mary Gray, has filed a civil lawsuit against Chavez and Prince George’s County, which will come to trial Sept. 14, said Tom Ponton, a close family friend. State Circuit Court Judge C. Philip Nichols Jr., who will preside over the civil suit, has issued a gag order preventing anyone involved in the case from speaking to the media.
“[Gray] felt her son should not have died … and the only way to equalize the situation is with a lawsuit,” Ponton said. “She wanted to find out exactly what happened.”
Gray may seek about $4 million in damages, Ponton said.
Since the death of her son, Gray has lobbied the state legislature to approve legislation that would make it easier to prosecute and convict those accused of reckless driving – in her son’s case, prosecutors could not meet the high standard of gross negligence necessary to charge Chavez with vehicular manslaughter. The proposed bill would create a middle ground between a traffic citation and a felony vehicular manslaughter charge, according to The Washington Post. Gray spoke in front of the state legislature in January in support of the bill, calling for legal action.
Because there is no medium between a traffic citation and a criminal charge, Chavez could not be found guilty of anything more than speeding.
On the day of his death, Gray was making a left turn onto Belair Drive in his hometown of Bowie, Md., when his Chevrolet Beretta was struck by Chavez’s police cruiser, hurtling him 85 feet from site of the collision. Chavez, who was traveling twice the speed limit at about 50 mph, admitted to drinking three or four beers and sleeping on a friend’s couch the night before the accident. But despite his admission, he was not asked to complete a sobriety test at the time of the accident due to a state law that does not require police officers to do so, said Ramon Korionoff, a spokesman for Prince George’s County State’s Attorney Glenn F. Ivey.
Instead, Chavez was issued a citation for speeding in December 2008, on the day before the anniversary of Gray’s death. Gray’s family and friends were infuriated by the outcome, but officials say the investigation was sound.
“Brian Gray failed to yield when making a left turn,” Korionoff said. “You have to yield. [Chavez] was treated just like any other citizen. The investigation was handled thoroughly, objectively and by the law.”
Earlier this year, Chavez was suspended from active duty for an incident that occurred in January. While police officials declined to comment on the details of his suspension, according to the Washington Post, sources close to the situation said Chavez was under investigation for alleged public intoxication and inappropriately showing his handgun.
Police said the suspension is not related to Brian Gray’s death.
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