[kellyhound]

A Dallas police officer whose squad car fatally struck a 10-year-old child while racing at least 29 mph over the speed limit without sirens or lights on a darkened road likely violated the department's policies and could be subject to criminal penalties.

Senior Cpl. Michael Vaughn, a five-year veteran, was going at least 69 mph when he struck Cole Berardi on his bicycle Friday night Oct 17th on Belt Line Road in southeast Dallas.

The incident has Dallas Police Department officials concerned that its culture is one where police officers are simply driving too fast.

The accident report on the incident is expected to be released today. Police commanders also are expected to issue a memo to officers cautioning them about their driving habits.

Police Chief David Kunkle declined to comment Wednesday, but has previously said he was disturbed by the accident and other recent controversial driving incidents.

Cpl. Vaughn is on restricted duty. It is not clear at this point what, if any, discipline he will face and the incident will likely be referred to a grand jury for review.

On Friday evening, Cpl. Vaughn was responding to a disturbance where a man was reported to be banging on the door with a gun. Cpl. Vaughn's car struck Cole as he rode his bicycle to a nearby store.

Several police officials have said there is an internal debate in the department over whether speed should be listed as a contributing factor in the accident report.

Some officials in the traffic unit say their interpretation of the law exempts police officers responding to calls or on patrol from any speed limit regulations.

Clay Abbott, an attorney with the Texas District and County Attorneys Association, agreed with that interpretation. "The speed limit law does not apply to them," he said. "It gives them global latitude."

Mr. Abbott noted that police officers are not exempt from being criminally prosecuted if they drive recklessly.

Although rare, police officers have been prosecuted before in similar cases. In 2005, a Harris County constable was convicted of manslaughter after he hit an SUV, killing a teenager.

In the case of the accident that left Cole dead, some police officials believe the outcome of the accident would have been the same even if the officer had been driving at a slower speed.

But Cpl. Vaughn was likely in violation of the department's internal rules, which state that officers who are driving an emergency vehicle without the use of their lights and sirens "will proceed with the normal traffic flow and obey all traffic control devices and signals." A speed limit sign is a traffic control device.

But some officers say the department puts pressure on officers to get to an emergency as quickly as possible.

Update:

July 30 2009:A Dallas police officer who fatally struck a child last October received a one-day suspension during a disciplinary hearing.

Senior Cpl. Michael Vaughn appeared before Assistant Chief Floyd Simpson, who oversees the city's seven patrol stations.

The punishment was for "for violating the emergency vehicle operations policy when he drove over the speed limit without activating the lights and sirens," police officials said.

Cole Berardi had asked his mother if he could ride his bike to a nearby store, where a friend worked. His mother told him no, and he snuck out while she was in the bathroom.

Cpl. Vaughn's lights and siren were not activated as required.

The police accident report released lists speed as a contributing factor in the accident.

It states that the speed of Cpl. Vaughn's vehicle ranged from 69 mph to 72 mph at the time of impact. The speed limit on that stretch of road is 40 mph.

Vaughn was later cleared by a grand jury of any criminal culpability. But internal investigators have since concluded that he failed to the follow the department's established procedures.

The death prompted Police Chief David Kunkle to issue new driving rules for officers.

Vaughn, who was hired in 2003, is currently working in the department's Fusion Center.

Officers who know Vaughn say he is a solid, hard-working officer who has been deeply impacted by what happened that night.

[Nyckname]

And he feels worse right now than anything they could possibly do to him.

[chris]

Yea, what a tragic accident. Makes me wonder why his lights were off though. The policy here states that if you need to break a traffic law in the performance of your duty your emergency lights MUST be activated.

[Crisis1837]

He didn't even hit the brakes...hes a pro....

[Chris_NOT_THE_ADMIN]

Why was the kid crossing a busy road at night to begin with?

[Rage]

Poor cop and kid! The cop is never gonna forgive himself. and the kid, well yeah he's dead soo...

[Axel]

How the hell did he get a driver's license?!

[Loquiita]

his parents should have had an better eye on him. i mean cmon, a child does not ride a bike when its dark on a fucking road? u can't rly blame the driver for this. This was an accident!

[brucefrommexico:)]

Originally Posted by Loquiita ↗

his parents should have had an better eye on him. i mean cmon, a child does not ride a bike when its dark on a fucking road? u can't rly blame the driver for this. This was an accident!

[güttsfükk]

"got no warning" what fuckin bullshit if it wasn't the cop car it woud've been another car