OH FF Guilty of Vehicular Manslaughter

[Guest alsfirefighter]

Ohio Fire Truck Driver Found Guilty of Manslaughter

Judge suspends 90-day jail sentence, issues $750 fine

............

MICHAEL D. PITMAN

Courtesy of the Hamilton Journal-News

FAIRFIELD, Ohio-- A Fairfield firefighter was found guilty of vehicular manslaughter Tuesday in the August death of a 73-year-old woman.

Matt Schumann, 24, was sentenced to 90 days in jail suspended pending two years of probation, a $750 fine, a 90-day drivers' license suspension, 250 hours of community service and counseling until he is released by a physician.

Shumann also received a 30-day suspension from the fire department, which started 7 a.m. Tuesday, Fire Chief Don Bennett said.

"You can pay tribute to her by carrying on you life in an exemplary manner," Fairfield Municipal Judge Joyce Campbell said of the deceased woman.

On Aug. 2, just after 2 p.m., Schumann was driving a fire truck north on Ohio 4 responding to a reported structure fire with the vehicle's lights and siren activated. The fire truck and a car driven by Rayann Cavin collided in the Michael Lane intersection. Police said the signal there should have given Schumann a green light and stopped other traffic. Instead, the light malfunctioned and signaled both Schumann and Cavin to go through.

Fairfield Law Director John Clemmons said he agreed with Campbell's punishment.

"This resolves the criminal charges, I think appropriately," Clemmons said. "The city is comfortable with the outcome and sentencing, and think it's appropriate."

Defense attorney Harrison Green said the light had malfunctioned days prior to the accident. He wanted to use that information in a jury trial that was scheduled for Friday. However, Green said the judge ruled that information, along with the fire department's rules and procedures, was irrelevant.

"We were in a difficult position to defend," he said. "We acknowledge the accident and the fact someone died. We disagree with the judge's comment it was a lapse of judgement because that's not factual."

Green does not know if he will file an appeal of the judge's decision.

Cavin's family attorney Jeffrey Bakst commented on their behalf.

"It's been a very, very difficult time for them and they have truly suffered," Bakst said.

[Guest partyrock]

Unless excessive speed was a factor, if both lights were green how is it his fault? If he were just an average joe in his car and this happened would the result have been the same?

[Scottyk107 9]

I agree I see nothing criminal with what happened. If anything who ever is behind the bad traffic signal should be the one punished and that is even a stretch.

[helicopper 1,050]

While I agree that there is nothing in that article that describes the crime of manslaughter - we're missing something there - the cold reality is that in NY you're going to be accused of not operating with "due regard" anytime you get into an accident with an emergency vehicle. It's really like being guilty until proven innocent.

[Guest]

I am curious to know if the intersection had a pre-emption device for emergency vehicles. If anyone come across any additional info, please post.

[Guest alsfirefighter]

Chris pretty much hit the nail on the head.

1. As an emergency vehicle operator you have the ultimate responsibility to operate the vehicle with "due regard" in respects to the safety of others. Others meaning, yourself, anyone on board and the general public. Regardless of the fact that the traffic control device malfunctioned you always should "expect the unexpected" and have control of your vehicle and slow down. This is taught in numerous curriculums when approaching any controlled intersection.

2. What the average Joe would be charged with or even charged is a * point. The average Joe wouldn't be operating an emergency vehicle nor have the device to actuate the traffic control device. The prosecutor and I'm sure civil plaintiff attorney has to prove that the operator did not operate the vehicle in as a "reasonable and prudent person would is similiar circumstance." This comes down to how a jury of his peers judged how they would operate the vehicle. In or out of the station we are held at a higher standard. Walk into the station it gets higher and put a vehicle and drive and its even higher then that.

3. As far as the defense attorney trying to say the light had malfunctioned days earlier, I believe this could raise further questions of his client. If he had known that and the department had known that, then wouldn't all of us slow down knowing there could be a problem at that signal? Does it change anything with technology and approaching a controlled intersection?

This is not the only firefighter in criminal court at this time. There is a California firefighter still going through the process after being charged with vehicular manslaughter when a fellow firefighter died in his rig enroute to a call where the vehicle lost control. They are using the fact that he did not turn off his "Jake brake" as one of the factors.

We are not above anything because of what we do. Perhaps this will assist in lowering the amount of accidents that is the 2nd leading cause of death of firefighters every year.

[Guest]

ALS - I agree with all you stated. The reason I asked about the pre-emption is that I am in the begining stages of researching a GPS based pre-emption system. I am a pack rat when it comes to gathering information.

There will always be that stupid person that tries to beat the light and you can't fix stupid...A Q2 is not a substitute for brakes and common sense.

[Guest alsfirefighter]

Here is a little more on what occurred from earlier reports:

Yes that does say 58 MPH!!!

Firefighter May Face Charges In Fatal Crash

First posted: 8/12/2006 12:19:14 PM

Butler County prosecutors will decide if a Fairfield firefighter faces any charges for a recent traffic accident that killed a local grandmother.

Investigators say 24-year-old Matthew Schumann ran a red light going 58 mph.

Rayann Cavin, 73, had just pulled out onto Route 4 from Michael Lane when the firetruck hit her.

She died as a result of injuries from that accident.

Investigators say a preemption device that's supposed to turn lights green for emergency vehicles apparently failed.

The device is triggered by the sound of sirens.

"It's not a system that provides any operator of an ambulance, police officer firefighter 'carte blanche' into the intersection," said Chief Don Bennett, of the Fairfield fire department. "It's simply an enhancement."

Witnesses say Cavin's view was blocked by another vehicle.

Prosecutors will decide if the firefighter's speed was excessive.

[ex-commish 490]

I preach when I teach EVOC that even if you have a green light it is best if you slow down as you approach the intersection. Again, the "due regard" clause in the V+ T law carries alot of weight.

Something to ponder...NYS V+T law states you can pass a red signal/stop sign after you have slowed down. NFPA says you should come to a complete stop. With the understanding NFPA carries no regulatory nature ( unless adopted by AHD) which do you thing will carry more weight in court?

[Guest alsfirefighter]

If your in court involving a controlled intersection chances are that you didn't operate under "due regard" and their are other extenuating circumstances which led you there. I can tell you if I was a civil attorney for the plaintiff and I was in front of a jury I would raise doubt that following the NYS law isn't something that they would do with a 16 ton truck and that a prudent person would have come to a stop to ensure a collision wouldn't occur.

When I teach EVOC I stress the following of NYS V & T law and the standards listed under NFPA 1500. When NY State is going to wake up and change that law I do not know, but for some of us that discuss this around the table now and then, not soon enough. I also do the same in regard to approaching an intersection, you have to be cautious of a changing light and the possibility of a quick yellow. With vehicle technology today it may feel like a sedan, but it won't stop like a sedan.