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March 6, 2007
Tempe officer who hit pedestrian is suspended A Tempe police officer whose speeding cruiser struck and killed a pedestrian in November 2005 has been suspended without pay for a month — the maximum suspension by the police department. According to an internal affairs report released Monday, officer William Cullins showed “recklessness” on Nov. 26, 2005, when he drove up to 95 mph and then collided with 24-year-old Kyle Barker near Baseline and Rural roads. Authorities later found Barker, a Mesa Community College student whose family lives in Scottsdale, had a blood-alcohol level of 0.18 — more than twice the legal limit — and was crossing midblock as Cullins drove west on Baseline. Cullins was en route to assist another officer with a stolen car call when the crash occurred. “It all happened so fast,” Cullins told police during an interview recorded for the investigation. “I don’t think I’ve had a single day where I haven’t thought of this.” He added, “It’s an unfortunate incident, I tell you.” The department typically launches an internal investigation after a criminal case has concluded. In this case, Cullins was issued a speeding citation last December by the Chandler City Prosecutor’s Office after the Maricopa County Attorney’s Office decided not to pursue charges. In the internal investigation, Tempe police determined Cullins violated three city policies pertaining to performing duties safely, obeying traffic laws and operating police vehicles safely. He has been ordered to attend a driver training course taught by an instructor from the state’s police certification agency. Cullins declined a request for comment placed through Tempe police. The report showed Cullins has not committed any other such policy violations in the past three years. The result of the investigation left Barker’s mother, Kelly Wilcott, dissatisfied. “I don’t think he should be a police officer,” she said. “I think he should lose his job or be put behind a desk permanently.” Wilcott said she doesn’t want to see other police officers drive recklessly “to the point where someone could lose their life.” Tempe police spokesman Sgt. Mike Horn said each internal affairs investigation is “judged on its own merit.” Barker’s family has sued Tempe for $23 million, a number Wilcott said the family chose because it was Barker’s birthday and favorite number. The civil case is ongoing. During the internal investigation, Cullins said he told officers on the night of the crash he was driving 45 mph to 50 mph and still stands by his statement. “I can’t give you an exact speed,” Cullins said. “I just gave what I felt this night.” Police asked if the recording device’s measurement could be correct. Cullins replied, “I can’t say yes and I can’t say no. I don’t know.” Questions about his speed led county prosecutor Maria Brewer to drop any criminal charges against Cullins. She said “no date or time stamp” existed on the patrol car’s black box, which clocked the 95 mph speed.
Officer to be suspended A Tempe police officer who struck and killed a 24-year-old man with his patrol car will have unpaid suspension for a month beginning Thursday, an internal investigation concluded. Officer Bill Cullins was traveling at 95 mph five seconds before he struck Kyle Barker near Baseline and Rural roads on Nov. 26, 2005 and showed ¡§recklessness,¡¨ while operating a police vehicle, the internal affairs report concluded. He also did not have his lights or sirens on at the time of the crash. Barker, who had a blood-alcohol level of .18 percent, was walking, then running, north across Baseline Road east of Rural Road around 2 a.m. when Cullins, who was going west, struck him, according to a Tempe police investigation. Barker shattered the windshield and was catapulted at least 166 feet to his death, the report said. Officers on the scene discovered Barker lying on the ground with blood coming from his ears, nose and mouth and a pool of blood forming around his head, the report revealed. ¡§It all happened so fast,¡¨ Cullins said in a taped interview for the report. ¡§I haven't had a single day where I haven't thought about this. It's an unfortunate incident.¡¨ Cullins said he could recall the same as he did that night. ¡§I just caught a glimpse of someone running full speed northbound across traffic,¡¨ he said. ¡§It was there and then it was just instantaneous impact. I turned the car left¡K but it was too late, I had already collided with him.¡¨ Cullins declined media interviews. In December, Cullins was cited in city court with a $491 speeding ticket and a criminal speeding charge was dropped when Chandler City Prosecutor Maria Brewer, who was prosecuting the case due to conflict of interest, said there wasn't enough evidence to prove that Cullins was traveling 20 mph above the posted speed limit in the area, 45 mph. Cullins also got a plea deal with the prosecutor's office, dropping the criminal charge, according to the Tempe investigation. But Cullins' Chevy Impala patrol car, equipped with a "black box," recorded that five secondsƒ¤ before he hit Barker, he was traveling 50 mphƒ¤ above the speed limit, later found out through the Tempe internal investigation. The Maricopa County Attorney's Officeƒ¤ declined to pursue felony charges against Cullins, citing the offense was not gross negligence, the report said. Police, however, suspended Cullins for a month ¡X the maximum suspension from the department ¡X for violating threeƒ¤ city policies regarding performing safely and obeying traffic laws. He also must attend a driver-training course from the state's police certification agency that includes accident avoidance. Barker's family is suing Cullins, former police chief Ralph Tranter and the city for $23 million, according to the filed claim. Kyle's favorite number was 23, the document states. I don't think he should be a police officer,¡¨ said Kelly Wilcott, Barker's mother. If he is, I think he should be behind a desk and not on the streets, he killed someone, he's reckless. It's not like he ran over a cat.¡¨ Wlicott, who said it was too upsetting to read through the entire internal investigation, said she is unsatisfied with the way Tempe police handled her son's death. I want to see (Cullins) released from him being a police officer and I want to see stricter rules for cops driving,¡¨ Wilcott said. ¡§I want all other departments to realize that they better be careful of who they hire and be stricter with who they do hire. Wilcott said she and her family have been hosting golf tournaments and other events to raise money for his cause. We're trying to make something positive out of all of this,¡¨ Wilcott said. He was a great kid. |