No charges in 2010 crash involving officer

No charges in 2010 crash involving officer
POLICEMAN SPEEDING; OTHER DRIVER DRUNK
Kailee Higgins' car after the Nov. 28, 2010, collision.
By Shaun Sutner and Thomas Caywood TELEGRAM & GAZETTE STAFF
ssutner@telegram.com

Police Officer Thomas B. Duffy II's SUV after the Nov. 28, 2010, crash.

Hamilton Street and Puritan Avenue, Worcester, where two vehicles collided Nov. 28, 2010.(T&G Staff File Photo/CHRISTINE PETERSON)

WORCESTER — An off-duty Worcester police officer was driving more than 20 miles per hour over the speed limit on a residential street when his SUV collided with a sedan, critically injuring the other driver, a 20-year-old Shirley woman who was drunk at the time, according to “black box” data and other records turned over to the Telegram & Gazette today.
The onboard computer data show that the 2007 Lincoln driven by Officer Thomas B. Duffy II was traveling 53 mph in a 30 mph zone when his SUV collided with Kailee M. Higgins' 2005 Cadillac at 2:36 a.m. Nov. 28, 2010, as she pulled out from a stop at Puritan Avenue to cross Hamilton Street.
Ms. Higgins' blood alcohol level of .15 was nearly double the legal limit of .08, according to police reports released in response to a public records request from the newspaper.
Neither the off-duty police officer nor the young woman, who was returning from her job as a stripper at Centerfold's nightclub on Route 20, was charged or cited.
While investigators and prosecutors have blamed the crash on Ms. Higgins for failing to see Mr. Duffy when she pulled out onto Hamilton Street, state police Lt. Andrew S. Klane, an accident reconstruction expert, wrote in his report to prosecutors that had Officer Duffy been driving “between 30 and 43 mph, this collision could have been avoided.”
Ms. Higgins' mother, Karen Higgins of Shirley, fought back sobs as she learned tonight of the report's finding.
“How was it her fault if she stopped at the corner and turned into the intersection? If he wasn't going so fast he could have stopped,” said Mrs. Higgins, who has been critical of the more than a year it took the Essex district attorney's office to produce a report.
Attempts to reach Officer Duffy last night were unsuccessful.
The case was turned over to Essex District Attorney Jonathan W. Blodgett's office because Officer Duffy has a sister who works in the office of Worcester District Attorney Joseph D. Early Jr.
“After a lengthy and thorough investigation, we conclude that no charges against either party are warranted.” Mr. Blodgett said in a written statement.
In a sharply worded written statement critical of the Telegram & Gazette's reporting, Worcester police said the Essex district attorney's findings support the department's initial conclusions that Ms. Higgins was at fault.
“Unlike the Telegram & Gazette, the Essex County District Attorney and the Worcester Police Department conduct thorough, factual, and unbiased investigations before making a determination of fact and submitting written reports of findings,” the unsigned statement said.

Police Chief Gary J. Gemme did not respond to specific questions about the lack of charges, how police handled the accident and apparent inconsistencies in the treatment of the two drivers.
The 150 pages of records turned over to the newspaper by Mr. Blodgett's office this evening show Worcester investigators obtained search warrants to check Ms. Higgins' cellphone, which they found in her mangled car, and to take samples of her blood and urine from UMass Memorial Medical Center, where she was treated for injuries so severe she remained in a coma for more than a week.
Ms. Higgins sent a text message to a friend minutes before the crash stating,“hehe maaad drunk lol,” according to cellphone records contained in the Essex district attorney's report.
Worcester police investigators checked to see if Officer Duffy had made calls around the time of the crash on his department-issued cell phone, but did not seek a warrant for his personal cellphone. A witness to the aftermath of the crash told investigators that Officer Duffy was walking around speaking on a cellphone and checking his car for damage minutes after the collision.
Officer Duffy's father, retired state police Maj. Thomas B. Duffy, came to the accident scene. Officer Duffy, then 36, sat in his father's car until police officers allowed him to leave about an hour after the crash, according to a Worcester police report.
Investigators and a paramedic who responded to the crash said Officer Duffy did not appear to be intoxicated or smell of alcohol. While investigators took blood and urine from Ms. Higgins, Officer Duffy was not required to take a field sobriety test or chemical breath test, according to the reports.
Ms. Higgins was not charged because, while investigators believe she bore primary responsibility for the accident, the evidence was largely circumstantial, the Essex district attorney's office report said.
And,“in light of the catastrophic and life-threatening injuries sustained by Ms. Higgins, she was not cited for operating under the influence,” the report said.
Centerfold's employees told investigators they had not seen Ms. Higgins drinking.
Ms. Higgins' driver's license was revoked after the accident at the request of the Worcester Police Department because she was considered an “immediate threat.”
Fourteen months after the accident, Ms. Higgins has brain damage and nearly no use of her left hand, and has undergone several eye and plastic surgery operations to repair facial damage.
Officer Duffy was not charged because it was not clear that, despite driving at nearly twice the legal speed limit, his driving speed constituted negligence, said Carrie Kimball-Monahan, a spokeswoman for Mr. Blodgett, the Essex district attorney.
“Speeding itself is not considered negligent in terms of a criminal violation. It has to be put in context with other factors,” Ms. Kimball-Monahan said in an interview.“Are we sure he could see her? Her lights are perpendicular. If he has the right of way, there's no expectation that she would be entering the road. The burden was on her to yield.”
Ms. Kimball-Monahan noted that two lawyers for Ms. Higgins declined to be interviewed by investigators, as did Officer Duffy's lawyer, and that no witnesses to the actual crash could be found.
In his signed accident report, Officer Duffy wrote that Ms. Higgins “proceeded through intersection at Hamilton Street without deceleration.”
However, the black box data from her car shows that, in fact, Ms. Higgins was at a complete stop at the intersection with her foot on the brake for two seconds before pulling into the intersection. She had accelerated to 14 mph one second before the impact, at which time Officer Duffy was traveling at 53 mph.

Go and look at the pics of this accident! The black box states 53 miles an hour in a 30? Almost double the speed limit! There are speed limits for reasons!

The DAs office once again has shown their double standard rule of law. The State investigation stated he was going 30-43 miles per hour! This was not a very objective investigation to say the least! They stated "30" for a reason!

This DA needs to be replaced. We need to bring integrity back to law enforcemnent or there will never be peace again! We need mutual respect for the law, a badge should not exempt an individual from being held responsible!

If that was me driving 53 miles an hour as I T-boned that poor girl who was a sitting duck to that 2 ton speeding machine! What if a child was in the passenger seat or a passenger?? They would of been killed!! If the DA and state investigator investigated me for this accident they would have "NEVER" stated "30" miles per hour as a possible speed!

The problem concerning these biased investigations has to stop as it is destroying the system as it seriously calls into question the investigators credibility!!!

Here is the link, now try and be objective! http://www.telegram.com/article/20120130/NEWS...

As an investigator, nevermind who was driving the cop car would you "objectively" state that the driver who T-boned this vehicle was traveling "30" miles per hour?

That girl if you asked me looked for traffic , seen none, and took her turn and then this 2 ton bullet came flying almost doubling the speed limit and nailed her!

The State Police should NEVER conduct an investigation when it involves an officer! I strongly feel that their credibility is being called into question! This is happening too much! When do we believe their "OBJECTIVE" rulings as honest???

It only gets worse! As more and more police are not being held responsible for their "choisen" behaviors whether it be for speeding, drinking and driving or assaulting citizens" the citizens are beginning to lose faith in honesty and integrity of those in charge of holding officers responsible!

Lynch for mayor wrote:

Go and look at the picno fs of this accident! The black box states 53 miles an hour in a 30? Almost double the speed limit! There are speed limits for reasons!
The DAs office once again has shown their double standard rule of law. The State investigation stated he was going 30-43 miles per hour! This was not a very objective investigation to say the least! They stated "30" for a reason!
This DA needs to be replaced. We need to bring integrity back to law enforcemnent or there will never be peace again! We need mutual respect for the law, a badge should not exempt an individual from being held responsible!
If that was me driving 53 miles an hour as I T-boned that poor girl who was a sitting duck to that 2 ton speeding machine! What if a child was in the passenger seat or a passenger?? They would of been killed!! If the DA and state investigator investigated me for this accident they would have "NEVER" stated "30" miles per hour as a possible speed!
The problem concerning these biased investigations has to stop as it is destroying the system as it seriously calls into question the investigators credibility!!!

FFFR

Tell us why you have no driver's license?

Thanks for posting this story. It is another great example of how the general public gets treated completed different than a cop does; when an accident happens.

The woman has her cell phone checked out; and she goes through sobriety checks. Meanwhile, the speeding cop does not get his cell phone checked out; and he quickly gets wisked into his ex cop daddy's car and taken away from the scene. Inspite of the fact that it was determined that if the off duty cop wasn't speeding the accident would not even happened; no charges are filed against the off duty cop.

It's a great example of the double standard system these boobs hold themselves to; over and over again....

Again, thanks for posting the story!

I remember doing 65MPH in a 55MPH and a female cop just blew right by me. I tried to take a picture with my cell phone but she was going so fast I wasn't able to take a picture. That no good beeeich!

I remember turning tricks down behind Stuarts and I used to have a line of whinos just waiting for my special technique. I used to practice on my boy, I hope that didn't psychologically damage him.

Sounds like a few posters on here are jealous of the police. Awe, isn't that too bad. Take the test it's not too late.

I remember this place but it was years ago. I don't remember you being there but your sister used to pay $20 to suck on on my 10 inches and gobble a free meal.

She only paid 5 bucks because she said your 10 was measured in dog inches which is actually just 2 human inches ! Hahahahahaha. ROFLMAO HAHAHAHAHA

Hey thats not nice. It's not my fault my tape measure is in metric!

Darns Mom wrote:

I remember turning tricks down behind Stuarts and I used to have a line of whinos just waiting for my special technique. I used to practice on my boy, I hope that didn't psychologically damage him.

Don't even play around like this because something like this really did happen to this one who calls herself 'Chuck's Case is BS." She's a survivor of unimaginable sexual trauma, and it's playing itself out on these pages. Hopefully she'll be able to get some help soon.

Darns Mom wrote:

I remember turning tricks down behind Stuarts and I used to have a line of whinos just waiting for my special technique. I used to practice on my boy, I hope that didn't psychologically damage him.

Ah shucks...you are bringing my mother into things again. In spite of the fact that you have no idea who I am or who my mother is; you figured that taking cheap shots against my mother is fair game.

That's our members of law enforcement for you, Folks. They just can't play a fair game on a level playing field. It's no surprise though. The are typically far lower in brainpower than the rest of us are, so they are clueless that they are coming across as being petty, desperate, and that they are out of line on a family forum such as Topix.

Just look what happened to good ol' Chuckles The Cop once he found himself living under the microscope: He popped his cork and he assaulted a man for snapping pictures of illegally parked vehicles.....

Oh well, the BS that these boobs come up with on this forum is always predictible. Again, they are not used to level playing fields such as Topix Forum; and they throw their little tirades on a regular basis. They really ought to keep things clean though. After all, all members of our society can view their comments, including children. So, refering to sex acts and mentioning sodomy every few days is in poor taste.

How come when the police give a break to all those high school and college students whom have auto accidents and being under the influence it is never mentioned on here?

The police understand that the kid will already have learned their lesson and the damage to the family car will be enough punishment not to mention how their parents will react.

The police know that the kid does not need a DUI on their record so early in life.

I believe that the negative comments directed at the police are from the posters with a criminal history and are also on welfare. Why else would they avoid these subjects?

The Insider wrote:

How come when the police give a break to all those high school and college students whom have auto accidents and being under the influence it is never mentioned on here?
The police understand that the kid will already have learned their lesson and the damage to the family car will be enough punishment not to mention how their parents will react.
The police know that the kid does not need a DUI on their record so early in life.
I believe that the negative comments directed at the police are from the posters with a criminal history and are also on welfare. Why else would they avoid these subjects?

You can rest assured Einstein that I hold down a job and I pay taxes on my income; like the rest of the legally employed members of society do. And, I own property and I pay real estate taxes, as well.

As far as having a criminal history goes; that is another one of your lame theories.

I hope to hell that you are not a Detective over at the FPD; and you are simply a high ranking desk jockie. Your ability to come to rational conclussions is pathetic. If you ARE a Detective, its no wonder that countless crimes are going unsolved and that the wrong apartments are being busted into during your drug raids.

Chucks Case is BS wrote:

<quoted text>
You can rest assured Einstein that I hold down a job and I pay taxes on my income; like the rest of the legally employed members of society do. And, I own property and I pay real estate taxes, as well.
As far as having a criminal history goes; that is another one of your lame theories.
I hope to hell that you are not a Detective over at the FPD; and you are simply a high ranking desk jockie. Your ability to come to rational conclussions is pathetic. If you ARE a Detective, its no wonder that countless crimes are going unsolved and that the wrong apartments are being busted into during your drug raids.

I know still miss the big picture. I've experienced sexual trauma. Now I have a personality disorder with sociopathic tendencies, probably narcissistic personality disorder, but could be a few others.

It's more than revenge now. I hate men. It's misplaced anger in the sense it should be focused on my perpetrator first, and then overcoming my anger,(or learning to live with it). Yes, I've been molested, but these men I hate so did me no wrong. It was my molester, not them.

I seem to be a a manic state now and should refrain from posting. I'm sorry for all the overused alliteration, ellipses instead of proper punctuation... and condescending attitudes toward my critics now that I'm manic. I'm just trying to seem smarter and cuter than everybody else, because deep down, I feel ashamed. I need help, so I can learn how to live sociably and peaceably.

What drugs might stop this obsession with hating certain police officers? Has anyone had experience with their OCD symptoms and drugs that help?

Does anyone want to help me?

Quick! Someone tag my last post with "brilliant" and other positive tags to help me during this manic state. I love it when you love me!!!

Chucks Case is BS wrote:

Quick! Someone tag my last post with "brilliant" and other positive tags to help me during this manic state. I love it when you love me!!!

Can't somebody help me, please?

Chucks Case is BS wrote:

<quoted text>
Can't somebody help me, please?

I'm still waiting. Isn't there anyone with the compassion to help me with my addiction? I hate cops, I hate cops, I hate cops! Especially Fitchburg ones.