LOUISVILLE, Ky. (WDRB) -- The family of a man killed in a fiery crash last month is suing a Louisville Metro Police Officer for his role in the incident.
Trevon Mitchell, 22, was killed at the intersection of Dr. W.J. Hodge and Broadway on July 6 after a suspect blew through the stoplight and caused the accident, police say. Police said the suspect, who is still at large, had just committed a traffic violation.
Mitchell died, and three others were hurt.
"That was it," said Walter Jackson, who was hurt in the crash. "It spinned me all the way around. I thought we were hit twice."
"I just seen that big, round headlight," added Brent Bernier, who was also seriously hurt in the accident. "It was over from there."
Bernier and Jackson have joined the lawsuit, along with Mitchell's grandmother, Danita.
Trevon Mitchell, 22, was killed at the intersection of Dr. W.J. Hodge and Broadway on July 6 after a suspect blew through the stoplight and caused the accident, police say.
The lawsuit filed Thursday alleges an officer was chasing the suspect that caused the accident. LMPD policy prohibits officers from pursuing suspects who flee after violating traffic laws.
The original lawsuit was served to LMPD Officer Timothy Nett, but officials say Nett was never at the scene.
LMPD and Nett's attorney, Thomas Clay, both confirmed the officer was incorrectly listed on the accident report.
"LMPD is in the process of amending the report and acknowledges the employee listed in the initial accident report was not involved -in any capacity- with the incident in question," LMPD Spokesperson Beth Ruoff said in a statement. "An amended report with the correct information is forthcoming."
It's unclear at this time which officer should've been named in the accident report.
Bo Bolus, the attorney for the Mitchell family and the men who were injured, says the family will refile the lawsuit once LMPD updates the report with the correct name.
Regardless, LMPD issued a statement the day of the accident in July claiming the officer didn't pursue the suspect.
"The vehicle refused to stop when officers initiated lights and fled the scene," the statement read. "Officers terminated attempting to stop the vehicle shortly thereafter. The suspect’s vehicle proceeded a short distance before causing a collision at the intersection of Dr. W.J. Hodge and Broadway ..."
However, video from a nearby food mart that shows the officer arriving to the scene of the crash just seconds after impact.
Video from a nearby food mart that shows the officer arriving to the scene of the crash just seconds after impact.
Police reports indicate the suspect was traveling between 90-95 mph at the time of the collision, and attorneys believe it proves the suspect was being pursued by an LMPD officer.
"These police pursuits have to stop," attorney Ben Pittenger said. "This is something that should have and could have been prevented. LMPD has specific procedures and protocols in place so that an event like this doesn't occur."
Attorneys hope the lawsuit draws more attention to the policy and holds the officer accountable.
"We are seeking justice for Trevon, for Brent and For Walter and we're going to get it," Pittenger said.
LMPD does not comment on pending litigation but did confirm a Professional Integrity Unit investigation into the accident.
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