[kellyhound]

Amanda R. Perry, the Fairfax County Police Officer who drove her police cruiser through a red traffic signal on Richmond Highway on the way to answer a call, striking the car of 33 year-old Ashley McIntosh with such force McIntosh was thrown onto the highway, was found not guilty of reckless driving in Fairfax County General District Court last Thursday. The accident occurred on Feb. 12.

After more than two hours of witnesses testimony, graphics presented by Assistant Commonwealth Attorney Robert D. McClain, testimony from Perry, cross and recross examination by her defense lawyer, Edward J. Nuttall, and multiple showings of the police cruiser video tape of the moment of impact between the two vehicles, it took visiting Judge Sarah L. Deneke less than a minute after closing arguments to announce her decision.

"Taking the totality of the evidence I find that it does not rise to the level of a guilty verdict," Deneke announced as the McIntosh family sat in stunned silence in the courtroom's front row.

Deneke had been called in from Stafford County to hear the traffic court criminal action against Perry because all Fairfax County judges who would have normally presided at the trial had recused themselves.

"I have to look at the evidence to determine Officer Perry's driving not that of Ms. McIntosh. And, to determine whether the Commonwealth has proven beyond a reasonable doubt that Officer Perry was driving in a reckless manner," Deneke said. "This case does not determine right or wrong or who was at fault."

Following the verdict, the McIntosh family held a news conference outside the courthouse to express their disbelief and disdain for the verdict. They also vowed to press the civil suit against Perry and Fairfax County.

"I'm obviously very disappointed at the outcome. But, we will move forward with the civil claim," said Attorney Thomas Curcio who has represented the McIntosh family since the death of Ashley McIntosh.

"That's where responsibility for this terrible tragedy will be determined. That's where Officer Perry will be found responsible for Ashley's untimely death," Curcio said.

Ashley's sister, Meredith Heller, expressed a much stronger reaction, not only to the verdict but also toward the post accident actions of both Perry and the Fairfax County Police Department. "Seven months to the day in which my family and friends laid my sister to rest, Officer Perry, nor her representatives have yet to offer condolences to my family," Heller said.

"Unfortunately, in this day and age, the police department and court system have egregiously and disgustingly dismissed the death of my sister as business as usual. I had hoped the court system and police department would take the appropriate action in disciplining such poor performance of a clearly unqualified and undertrained officer," she said.

"While the sorrow of my sister's loss grows considerably more on a daily basis among my family, this county will continue to be policed by a force not held accountable for its own actions. I send this red flag out to the citizens and leaders of this county to not let this incident go unchecked," Heller said.

Although the 23-year-old Perry testified during the trial in her own defense, there was no physical or verbal contact between her and the McIntosh family. Following Deneke's verdict, Perry was allowed to leave the courtroom by a side entrance normally used by Sheriff's deputies located opposite where the McIntosh family was seated. She made no statement after the verdict.



FOLLOWING THE TRIAL Fairfax County Police Chief David M. Rohrer sent an e-mail statement to members of the Fairfax County Board of Supervisors merely stating the outcome of the trial. When asked for a statement on the trial, Rohrer's officer had police public information officer S.A. Broderick issue the following: "We do not comment on administrative procedures."

The incident and Perry will now undergo a police Internal Affairs investigation, which could not commence until the trial was concluded, according to Broderick. No time has been set for that procedure, Broderick verified.



THE TRIAL'S most emotional moments occurred whenever the police cruiser camera video showing the collision was displayed. It was run multiple times both a regular and slow motion speeds depending on the points being stressed by counsel or various witnesses.

The accident occurred at approximately 5 p.m. the night of Feb. 12 at the intersection of Boswell Avenue and Richmond Highway in Mount Vernon District. Rain had begun to fall and the temperature was dropping. It was the night roadway ice became so treacherous that several hundred drivers were stuck for hours on ramps of the Springfield Interchange.

Perry, driving a Ford Crown Victoria police cruiser, was answering a call about a fight between three men. She was traveling north on Richmond Highway at a speed of 38 to 42 miles an hour, according to stipulated evidence. The speed limit at that point on Rt. 1 is 45 miles per hour. Her overhead lights were on. Her siren was not, Perry testified.

McIntosh was exiting Mount Vernon Plaza Shopping Center in her 2003 Toyota Corolla directly across from Boswell Avenue. Traffic coming from the shopping center had the green lights to go north or south on Route 1 or straight across into Boswell Avenue. Those in the left lane exiting the shopping center must turn left (north) according to a sign posted on the traffic light standard.

There was a long line of traffic in the north bound left turning lane waiting to enter the shopping center, according to the police car videotape. That line contained several SUV's and vans that could have posed a visual obstruction to both McIntosh and Perry, as depicted on the tape.

The traffic light had turned red to Route 1 traffic several seconds prior to Perry reaching the intersection. The tape also indicated that Perry did not apply her brakes as she approached the intersection because, as she testified, "There was no problem getting through intersections. I did not need to use the lights and siren. I was hitting my horn intermittently."

Perry testified that all traffic was stopped and there was no traffic in front of her on Route 1. That was verified by the videotape.

"I was trying to get my siren on and was hitting the buttons on the console," Perry testified. The police officer in charge of all vehicles and equipment at the Mount Vernon District station had testified earlier that Perry's police cruiser and all its equipment were in working order.

As McIntosh pulled into the northbound lanes of Route 1 she was hit on the passenger side front by Perry's cruiser, as evidenced by the cruiser's camera. There were no skid marks to indicate any braking, according to witness testimony.

"That police car is going to hit someone if it goes through those lights." That is what Harriett Jackson told her grandchildren riding in her car traveling north on Route 1 as Perry went past her on the left.

Jackson had just pulled out onto Rt. 1 from Gum Springs. "The police car was going very fast and I heard no siren but it did have its emergency lights on," Jackson testified.

"I told my grandchildren to look up. I did not see any brake lights. I knew that the light had been red on Route 1 long enough for cars to be entering the intersection from the shopping center," Jackson said on the stand.

"I saw someone being ejected from the car that was hit. I was watching her hoping that other cars would not hit her," Jackson testified.

Her testimony was buttressed by that of Barbara Hedron who was waiting at the light just behind McIntosh. "When I saw they were going to collide I realized that could have been me. I was in shock," she said.

"Then I saw a body on the highway. At first, I thought it was a pedestrian. Then other witnesses told me it was the driver of the Toyota," she said on the stand.

Following all the testimony, the arguments for and against the reckless driving charge boiled down to two closing arguments. "Without the siren being on other motorist have no knowledge she (Perry) is coming," argued McClain.

He also emphasized the fact that her view of traffic coming onto Route 1 from the shopping center was "obstructed" by the line of traffic waiting to enter the center. "Officer Perry's high rate of speed through the intersection is reckless driving," McClain said.

That was countered by Nuttall citing the Virginia Code definition of reckless driving as that applies to first responders answering emergency calls. He also noted that McIntosh allegedly entered the intersection at an increased speed from a standing stop. "The manner in which McIntosh operated her vehicle (entering the intersection) is central to this case," Nuttall said.

He also noted, according to the video tape, McIntosh does not appear to be turning north on Route 1 but rather is heading straight across Route 1 toward Boswell Avenue. The video displays an apparent right angle collision between Perry and McIntosh.

McClain countered that Perry's failure to use her siren negated her exemption under the reckless driving statute applicable to first responder on call. "Ashley McIntosh had a green light regardless of where she was going," McClain said.

[Hunted]

man, what a shame......

[Predator.GW]

that's crap, how was the civi suppose to know that cruiser was coming? wtf man, how hard would it have been to flip a toggle and activate the siren?????

[dyoung]

Cops don't have the right to run red lights until all traffic has yielded to them.

[dannielle327]

lights and sirens need to be used don't just assume everyone knows you are in pursuit or that they can hear your horn.

[stan221180]

fucked up county police and courts

[ReverendJynxed]

Damn women drivers!
First they get away with the many wrecks stealing our rightful insurance premiums now they get away with murder...

[Tiny]

Where I come from, It is a requirement for all officer engaged in a persuit to slow down a bit at all intersections for the safety of other motorists and themselves. It is also required for all cruisers thusly engaged to have both the light system and sirens (audible warning system) in operation. There are very few circumstances that would negate these requirements.
The Officer, despite the requirements of this jurisdiction, is guilty of criminal negligence causing death.

[Morgan6]

That's bullshit, its vehicular homicide.

[meatnug]

if you watched the lights you see the intersection previous to the accident go yellow then red as the cops gets through the intersection, so you KNOW the next light will be red AND red long enough that traffic will have started moving. i don't see how the officer wasn't reckless.