Tucson man struck and killed by squad car identified

Cathy H and Karl -

Published: 05.20.2008
Cop's speeding noted in death of priest
DAVID L. TEIBEL
Tucson Citizen
A Tucson police officer was driving 12 mph over the speed limit when his vehicle hit and killed a pedestrian, according to a police board of inquiry report released Monday.
Officer Timothy Coussens, who was on duty and in a marked patrol car, hit the Rev. Timothy J. Fleming, 53, as Fleming crossed East Broadway near Old Spanish Trail on Feb. 13, the report said.
The board of inquiry's members - a captain, two lieutenants and an officer - recommended referring the matter to Coussens' chain of command for a disciplinary review. Coussens earlier received a speeding ticket in the incident.
Coussens estimated his speed in the 40-mile-per-hour zone as 45 to 50 miles per hour. He told investigators he was on his way to breakfast when he collided with Fleming, according to the report.
The investigation showed Coussens was driving at 52.42 mph when he hit Fleming.
Fleming was not in a crosswalk when Coussens swerved to try to avoid him about 4:30 a.m., according to the report.
The report said Coussens' patrol car hit a median and came to rest in Broadway's westbound lanes.
The report said the County Attorney's Office declined to seek criminal prosecution in the fatality.
Chief Criminal Deputy County Attorney David Berkman told the Tucson Citizen in March that "there needs to be reckless conduct for a felony, and we didn't find that."
The City Attorney's Office ordered police to give Coussens a speeding ticket. He was cited for driving at a speed greater than what was reasonable and prudent and was found guilty in the case, the report said.
The board of inquiry found that Coussens violated a department rule mandating that officers drive in accordance with state and local laws.
Police said Fleming, a Catholic priest, was wearing dark clothing when he was hit and may have been heading toward a bus stop on the other said of Broadway to catch a bus to the airport, according to Citizen archives.
http://www.tucsoncitizen.com/daily/local/8571...

This is not the first or the last time you will hear of this type of situation, it appears that once you become an police officer you have right violate any laws or prohabitions...when will the police officers realize that the laws are meant to help provide safety for all....and need to be complied with by EVERYONE! How many inocent people are killed every year with police chases through towns and city's...check it out you will be shocked....This officer was "rewarded an payed vacation for murder" HUMM ??

Tim was my neighbor. I know for a fact that there have been many DAY TIME accidents in that very intersection, let alone night time accidents.
Say you are crossing a street and you look both ways, be it night or day, and when you look, the cars seem far away enough to cross safely. However, if the car is SPEEDING... it will collide with you because you underestimated the time you had to cross the street, such as in this case.
Since he was in such a hurry to meet his buddy for breakfast, I think the next breakfast this officer should have is with his fellow inmates in a state prison.
I've been told by a family member that they have no legal recourse because Tim had no wife and no children, and that ONLY a wife and/or child of Tims' would have legal standing to bring a suit. This is grossly rediculous. Tim's life had more meaning than this. I hope a lawyer will comre forward and file a precedent setting suit so that no one else should have to face such a tragedy without the ability to teach this speeding cop, and everyone else who drives in such a manner the lesson that speeding is illegal, and if you harm or kill someone there will be consequences.(as there should be.. if this was Joe Citizen, he'd be up for manslaughter at the very least. What a waste of a very good and giving life!!
My deepest sympathies are with Tims family. God bless all of you who are suffering over this careless cops actions!

Michele R -#23
Hi Michele - If you feel like it I would appreciate your e-mailing me directly

dlschoen@verizon.net