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Report finds officer at fault for collision PDF Print E-mail
Written by Elizabeth Larson   
Tuesday, 20 November 2007

Image
Det. Richard Towle's car after the Friday crash. Photo courtesy of Clearlake Police.


 

 

THIS STORY HAS BEEN UPDATED WITH INFORMATION ABOUT BILLINGS AND OFFICER.

 

CLEARLAKE – An investigation into a Friday crash involving an officer on his way to a call has ruled that the officer was at fault, according to a Monday report.


Lt. Mike Hermann of Clearlake Police reported that the agency concluded its look into the crash, which took place at the intersection of Highway 53 and Lakeshore Drive Friday night. The report also was reviewed by the California Highway Patrol's Multidisciplinary Accident Investigation Team.


The Friday crash involved Det. Richard Towle and 19-year-old Desiree Perez of Kelseyville, as Lake County News first reported over the weekend.


Towle was responding from the area of 40th Avenue with lights and sirens to an emergency call in which an individual was threatening to kill an off-duty police officer, said Hermann.


When Towle came to the intersection at Highway 53 he was hit by Perez, driving southbound on Highway 53 in her Honda Civic, said Hermann.


Sgt. Tim Celli has passed through the intersection ahead of Towle, said Hermann.


Perez and another vehicle traveling towards the intersection had reportedly slowed for Celli's patrol vehicle, but then accelerated again after he cleared the intersection, according to witness statements, Hermann reported.


Because of “natural vision obscurements” at the intersection, Perez and other southbound vehicles were unable to see Towle's patrol vehicle until he actually entered the intersection, according to Hermann.


After seeing each other's vehicle, both drivers attempted to avoid a collision but were unable to, said Hermann. Perez's vehicle struck the passenger side of Towle's patrol car, causing major damage to both vehicles.


Both Towle and Perez were transported to Redbud Hospital where they were treated for minor injuries and released, Hermann said.


Hermann reported that, while section 21056 of California Vehicle Code states that the "driver of an emergency vehicle is exempt from the rules of the road while responding to an emergency," it also states that drivers of emergency vehicles need to drive with "due regard" for the safety of all persons using the highway.


The department's investigation concluded that Towle failed to ensure that all cross traffic had come to a stop or that it was clear to enter the intersection against the red light, according to Hermann.


As a result, Hermann said the investigation ruled that Towle was at fault for the collision.


Regarding the reason for the emergency response, Hermann reported that Scott Billings, 24, of Clearlake was arrested for public intoxication.


Billings, who was known to the department, had been making some threats outside the home of Officer Tim Hobbs, said Hermann. It was determined that Billings was too intoxicated to properly care for himself, and he was transported to the Lake County Jail.


E-mail Elizabeth Larson at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .


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written by Old Coot, November 20, 2007
Business as usual @ CPD. Some things never change.
huh?
written by smurf, November 20, 2007
let me get this straight: drunk midget (or possibly a large smurf), yells threats at off duty cop, who unlike the perp is armed with at least a 9mm handgun. Off duty cop feels so threatened in spite of his firepower advantage that he calls it in as an emergency because for some reason he feels unable to control the situation. Then lead-foot rookie wipes out his squad car and a civilian vehicle as well, and causes injuries to himself and innocent civilian. If Hopkins gets this case the perp will probably get the death penalty, because his actions caused the wreck-just like butterflies cause hurricanes.
Interesting...
written by kd006, November 20, 2007
According to the LCSO booking this was the result of an intoxicated 110 pound person making threats outside the officers house, the off duty officer was apparently inside and not engaged in a physical confrontation.

Additionally there were no weapons charges, charges for terrorist threats or anything other than 647 (F) PC misdemeanor DISORDERLY CONDUCT:ALCOHOL.

Was a code three response really necessary, did the off duty officer really feel his life was in immediate danger? While I would expect our police should be able to respond quickly to emergencies this seems a case where the response was inappropriate to the crime. I'd like to think when I get t-boned at an intersection it will be a local moron running the stop sign and not the police.

Hopefully this is an opportunity to review procedures and possibly provide additional training in defensive driving for the department.

It is also interesting that although this subject was arrested at 20:30 on Friday he was not booked until nearly 12 hours later, even though the off duty officer* now back on duty made an arrest for DUI at 1:15 on the 17th and that person was booked by 8 AM.

* this information was gleaned from other publications who named the off duty officer and LCSO website and may be inaccurate.
other side....
written by lenny, November 20, 2007
none of us know this guy...the po po head drunk, making threats outside the off duty officers home (I asume). Quite obviously the officers do!

It is the off duty officer that made the call for needed back up and assistance and quite frankly 110lbs can do a lot of damage, I've seen it!

Cut this Dept. slack! Protecting a fellow officer is very important in this job, and justifiably so!

Another important factor is balancing the above with public safety in mind....and that issue has now been addressed!
Lenny...
written by kd006, November 20, 2007
Please I don't want to get into an argument here, all I said was there seems to have been no physical confrontation, both parties were separated apparently when CPD officer Timothy Hobbs* called for assistance to his home. The response I think was overkill to what was obviously a simple case of public intoxication since no other charges were filed, there was no property damage (rock through a window), vandalism (damage to car or house) or any other charges filed. The suspect was unarmed, and I trust the officer was armed and trained how to deal with such a situation, backup is good, but I do not think it was a code three call. To quote Lt. Hermann "young officers tend to get the adrenaline pumping and flowing, and he should've slowed down a little more."

I think this is why it has been suggested that a citizen's review board be established in Clearlake. We will probably never hear the details of the incident; find out if the officer was issued a citation for failure to yield or the fate of the young woman who was unfortunate enough to get in the way.

*Officer Hobbs was named in the Record Bee article, again this is only hearsay.
Officer Tim Celli a Joke
written by Advise, November 20, 2007
Upon the seen of the accident, Clearlake Sgt. Tim Celli was already saying that the young girl in the other vehicle was traveling at a high rate of speed.
Officer Tim Celli, what happened about your accusations that the girl was traveling at a high rate of speed?
What you say to the reporter is that we are currently looking into the cause of the accident and it is currently under investigation. Don't try to lead the public down your own agendas path.
Officer Tim Celli go back to cop school or join your Iron brothers motorcycle gang, but get out of Law enforcement.
You have got to be the worst Lake County officer we have. We don't need or want your type here in Lake County. smilies/shocked.gifops:
wow
written by missperez, March 06, 2008
i didnt even know this article was posted about the incident. Hi im desiree im the girl in the accident i just wanted to say thanx for all of your input this might help me prove a point to the clearlake chp!

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Last Updated ( Tuesday, 20 November 2007 )
 
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