An attorney representing the family of Oildale woman Chrystal Jolley, 30, the second victim of last month's Norris Road crash, said he has seen security footage recorded at a nearby gas station that night, and it shows the Kern County Sheriff's vehicle that struck and killed Jolley was driving with headlights on -- but no emergency lights or sirens -- at an excessive rate of speed.
"He did not have lights and sirens on," attorney Steve Nichols said Tuesday. "It's very evident because a little while later, there are sheriff's vehicles that go by and it's very evident (that their emergency lights are on)."
As anticipated, Nichols filed a wrongful death claim against the County of Kern on behalf of Jolley's husband and three children Tuesday. Such claims are a necessary first step in filing a lawsuit against a governmental entity.
Nichols said the video was "part of the basis for understanding how we would develop the claim."
The claim, in addition to alleging that Sheriff's Deputy John Swearengin, 34, consciously drove at an unsafe speed for the conditions, also states that Jolley and Daniel Hiler, 24, who was also struck and killed, were "lawfully crossing" Norris Road near where it intersects with Diane Drive.
He said there are pedestrian crossing signs in the area, and that Jolley and Hiler were crossing in an unmarked crosswalk.
"Not every crosswalk has a painted line across the street," Nichols said. "Sometimes the public misunderstands that."
The document alleges that Swearengin was "driving on a Friday night, which was known to have high vehicle and foot traffic in and around Norris Road," and that the sheriff's department acted negligently by failing to "train and retrain" deputies to drive in a safe manner on public roads.
Asked if he planned to file a "petition to preserve evidence" in Kern County Superior Court similar to the one recently filed by an attorney representing Hiler's family, Nichols said he will not.
"That's what I would call overkill," he said. "We have filed appropriate correspondence with law enforcement agencies, and that takes care of that problem.
California Highway Patrol Lt. Larry McGuire said Nichols' decision not to file such a petition will not affect Nichols' access to evidence in the expected lawsuit.
He added that while he wasn't aware that parties other than CHP investigators had seen the surveillance video, its availability doesn't impede the investigation.
"That wouldn't interfere with our investigation," McGuire said. "I do know that our investigators have a copy of it, and I guess the owner can do whatever he wants with it, if he has a copy for himself."
Kern County Chief Deputy Counsel Mark Nations, whose office handles litigation against the county, said he could not comment on the claim because he has not yet seen it.
Monday, however, Nations said he had expected a claim to be filed on behalf of Jolley's family.
Nations added that he has not viewed any surveillance footage of the incident.
"As far as I know it has been seized by the CHP," he said.
Nevertheless, Nations said he has full faith in the agency's investigative capabilities.
"Our intent is to wait and see what they say and just go from there," he said. Upon the completion of its report, the CHP can refer the case for prosecution, if Swearengin is found to be at fault.
The CHP's investigation is not expected to be complete for another 30 to 60 days, CHP spokesman Officer Robert Rodriguez said Monday.
Copyright 2012 - The Bakersfield Californian
