County won't pay damages
from deputy’s car crash
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A Rockbridge County sheriff's deputy crashed into a Buena Vista home, prompting an investigation by Buena Vista police.
(ADAM CANCRYN/ The Rockbridge Report) |
As Buena Vista police investigate a Rockbridge County sheriff’s deputy’s car crash, two families face medical and repair bills that the county says it won’t pay.
Deputy Troy Wimer crashed into Laura Williams’ Buena Vista home in late December while the deputy was responding to a call. The crash caused about $8,000 in damage to the cruiser, according to a police report, and close to $16,000 in damage to the house she rents from owner Ted Vest.
The deputy and Laura Williams’ 15-year-old daughter Olivia suffered only minor cuts and bruises. Olivia Williams was in the shower when the cruiser struck the home’s bathroom addition. She spent the night at Carilion Stonewall Jackson Hospital.
Buena Vista police are still investigating the incident, but the county meantime has claimed sovereign immunity.
Sovereign immunity, under the U.S. Constitution’s 11th Amendment, prevents a state from being sued by its citizens or the citizens of another state. It has been waived by 49 of the nation’s 50 states; Virginia is the lone state that reserves the judicial power to deny citizens the opportunity under most circumstances to take the Commonwealth to court.
After the crash and Olivia Williams’ trip to the hospital, the Williams family got a letter from the Virginia Association of Counties Group Self-Insurance Risk Pool, saying the county wouldn’t cover Olivia’s medical bills. The family has declined to comment because of the ongoing investigation.
Vest, the home’s owner, also received a letter from the association saying the county would not pay for damage caused by the crash.
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The damage to Ted Vest's Buena Vista home amounts to more than $16,000. |
“The thing that amazes me is that I do nothing and I have to pay for his carelessness,” Vest said. “Kind of hurts your respect for the law.”
Vest’s wife, Imogene, said the letter states: “Since there was no gross negligence on the part of Rockbridge County, we must respectfully deny any liability from any claim arising from this incident, based on sovereign immunity.”
She added that the letter said that because the deputy was responding to a call with his lights on, he was acting with proper caution, removing any liability.
A crew from Holland's General Contracting, hired by Vest’s insurance company, Nationwide, was cleaning up debris from the scene Tuesday. The Vests said they were more concerned with Olivia Williams’ well-being than with reimbursement for damages to the Magnolia Avenue house.
Imogene Vest said Olivia has nightmares and anxiety stemming from the accident. And she’s worried about whether Laura Williams, a single mother working two jobs, can afford extra care. Vest’s wife said the sheriff’s department has not even called to see if the Williamses are all right.
The Buena Vista Police Department is reporting the information from its investigation to Buena Vista Commonwealth’s Attorney Chris Russell to see what, if any, action will be taken.
Russell said Deputy Wimer was responding to a domestic violence call in the county, which came in while he was writing a speeding ticket uphill from the site of the accident.
According to police, Russell said, Wimer put his lights and siren on and was driving to the scene of the call when he lost control of his car. The Rockbridge Weekly reported that police sources said the deputy might have been traveling at up to 60 miles per hour when he reached the curve in front of the Williams’ house.
Imogene Vest said the pavement on the curve was wet at the time of the accident.
Russell said there was another hazard at the site.
“One of the officers [pointed] out it’s a bit of a weird curve with the bank in it,” he said.
Russell said much of the investigation hinges on the information contained in the event data recorder, a kind of “black box” in the deputy’s 2008 Ford Crown Victoria. Data from the EDR should contain the deputy’s speed prior to the accident.
But Ford has not yet released the updated software needed to read the information from a 2008 vehicle.
In a statement, Buena Vista Police Chief A.J. Panebianco thanked the county sheriff’s office for its cooperation but said it could be several months until the software is released and the investigation concluded.
Sgt. Randy Chittum, who is heading the investigation, declined to comment.
Vest said he and the Williams family probably won’t consider filing suit against anyone else in the case because it would cost as much to hire a lawyer.
“I never heard anybody say ‘I’m sorry,’” Vest said. “That’s the bad part.”
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