Woman sues sheriff’s office in Nye County crash that killed 3

2 years ago 381

A pistillate whose girl was killed and lad was injured successful a March clang filed a suit Friday against the Nye County Sheriff’s Office, alleging that deputies failed to apprehension the suspected DUI driver earlier the crash.

On March 27, 33-year-old Tyler Kennedy veered into oncoming postulation connected U.S. Highway 95 betwixt Beatty and Goldfield, slamming into an Idaho family’s SUV, the Highway Patrol has said. The wreck killed Michael Durmeier, 39; his fiancee, Lauren Starcevich, 38; and Durmeier’s 12-year-old daughter, Georgia, each of Victor, Idaho.

Two different children were injured successful the crash, the Highway Patrol has said. According to the suit filed Friday successful Nye County District Court, Georgia’s brother, Jackson Durmeier, suffered “life-threatening injuries and was rushed to the hospital, wherever helium remained successful a coma for weeks.”

Sheriff’s Office records released successful July showed that connected the aforesaid time of the crash, deputies were called to an Amargosa Valley RV parkland aft idiosyncratic reported Kennedy was equipped and asking radical for meth. But the enactment did not pb to an arrest, according to documents and a Nye County instrumentality enforcement official.

The suit alleges that Kennedy was drunk and precocious connected meth erstwhile helium drove distant from the RV park, crashing into the SUV a abbreviated clip later.

Georgia and Jackson’s mother, Chelsea Roberts, besides filed the suit against Kennedy and the Highway Patrol.

“Defendant Nye County Sheriff’s Office yet arrested Defendant Tyler Kennedy for driving nether the power and vehicular manslaughter,” Roberts’ lawyer wrote successful the complaint. “But for their releasing Defendant Tyler Kennedy, this unfortunate incidental and the deaths of 3 young members of their assemblage would not person occurred.”

The Sheriff’s Office declined to remark connected Monday connected the lawsuit. The Highway Patrol did not instantly respond to a petition for comment.

Kennedy faces 5 counts each of driving nether the power and reckless driving, each causing decease oregon important injury.

In October, helium triggered a manhunt that lasted astir 36 hours, the Sheriff’s Office said, aft helium chopped his ankle show disconnected and near a rehabilitation halfway successful Las Vegas.

According to constabulary records, deputies who were called to the RV parkland connected March 27 arrived astatine 1:40 p.m. and recovered that the reported firearm Kennedy had was really a cellphone. Capt. David Boruchowitz has said that deputies did not judge Kennedy was impaired.

“The determination astatine the country was either the transgression did not occur, oregon unfortunate did not privation to prosecute oregon it did not warrant prosecution, arsenic nary transgression lawsuit was pulled oregon done,” Boruchowitz said successful October.

According to the lawsuit, deputies astatine the RV parkland “failed to springiness (Kennedy) a breathalyzer oregon immoderate intoxication tests.”

Kennedy, who was injured successful the wreck, was treated astatine University Medical Center successful Las Vegas. When constabulary interviewed him, helium told investigators that helium had seen an carnal successful the roadway and swerved to debar it, causing the crash.

Witnesses did not study seeing an carnal successful the roadway, according to the documents.

A lawman who questioned Kennedy astatine the infirmary said helium seemed impaired, noting Kennedy had assemblage tremors and constricted pupils, according to constabulary documents.

At the scene, investigators collected a baggie of a “crystal-like substance” that appeared to beryllium meth from Kennedy’s truck, constabulary said. Kennedy told investigators that helium takes Adderall and had utilized meth 3 days earlier to the crash.

Contact Katelyn Newberg astatine knewberg@reviewjournal.com oregon 702-383-0240. Follow @k_newberg connected Twitter.

Read Entire Article