LOUISVILLE, Ky. (WDRB) -- The family of a Butler High School cheerleader who died in a 2021 crash filed a lawsuit against The Bail Project, arguing that if that organization hadn't paid an offender's bail, he wouldn't have been out of jail to cause the crash.
Madelynn Troutt, 17, died on March 1, 2021, in a crash on Dixie Highway, near Cofer Avenue. Later that year, a grand jury indicted 27-year-old Michael Jacob Dewitt on charges of murder, operating a motor vehicle under the influence of intoxicants and failure to stop and render aid.
Police said Dewitt was fleeing police in a stolen vehicle when he crashed into Troutt, killing her. He has pleaded not guilty.
But all of it could have been prevented, according to a lawsuit filed Thursday in Jefferson Circuit Court, if The Bail Project hadn't paid Dewitt's bond and gotten him out of jail days earlier. The lawsuit, which was filed by Troutt's family against The Bail Project, accused local Bail Project employees Carrie Cole, Holly Zoller and Shameka Parrish-Wright, of failing to properly research Dewitt's criminal history before posting his bond.
It also said they failed to comply with the terms of his bond by, among other things, ensuring that Dewitt attended required drug rehabilitation programs.
According to the lawsuit, Dewitt has an "extensive criminal record" dating back to 2012 when he was a resident of Lorain County, Ohio.
"Between 2012 and 2019, DeWitt was charged with multiple crimes, including burglary, drug possession, breaking and entering, illegal possession of firearms, contempt of court, parole violation, vandalism and criminal trespass," the suit states.
The lawsuit said DeWitt's most recent arrest before the crash occurred on Feb. 16, 2021, when he was arrested for receipt of stolen property (a motor vehicle), public intoxication, criminal trespass, disorderly conduct, resisting arrest and assault on a police officer resulting in physical injury.
At the time of his arrest, he allegedly told police that "he had taken heroin and 'a whole lot of [EXPLETIVE]' earlier in the night."
The Bail Project paid $5,000 to post his bond on Feb. 24, 2021, according to the lawsuit and court documents. The fatal crash that killed Troutt occurred days later.
Among other things, the lawsuit demands damages for past medical expenses, funeral and burial expenses, loss of consortium and punitive damages.
Lawsuits represent only one side of a story. On Friday afternoon, The Bail Project responded with a brief written statement:
"Madelynn Troutt's death is a tragedy and we recognize the pain of this family. This lawsuit, however, is profoundly misguided. Mr. Dewitt alone bears responsibility for his actions. The Bail Project is a charity that helps people who are too poor to afford bail and we have assisted thousands of people in Louisville. Our intention has been to ensure that the constitutional right to reasonable bail is available to people no matter their income. We also provide connections to social services as needed. This lawsuit will have a chilling effect on the many parents and grandparents, churches, and other nonprofits who provide bail for people in need every day."
Related Stories:
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- Grand jury indicts Louisville man charged with murder of 17-year-old girl on Dixie Highway
- Scholarship fund at Bellarmine University to honor memory of Madelynn Troutt
- Mother of Butler cheerleader killed in Dixie Highway crash thanks community
- Man accused of killing 17-year-old girl committed long list of crimes beforehand, police say
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