Ashley McIntosh: Justice Denied?
Bad weather, No Siren, Red Light: A case of an Officer given preferential treatment? You Make the Call
As many of you know, my niece Evie and her schoolmates lost their beloved teaching assistant, Ashley McIntosh (affectionately known as Miss Mac), last February when a police officer, Amanda Perry, crashed into her Toyota sedan. The Fairfax County police officer, as witnessed by several onlookers, had driven through a red light with her emergency lights on but without a siren. Upon impact, Ashley was tragically ejected from the vehicle.
Although the officer had been charged with reckless driving in May, she was found not guilty last week to the shock of Ashley’s family and friends.
“Taking the totality of the circumstances I don’t find the evidence rises to a level that the driving was reckless.” — General District Judge Sarah L. Deneke
Witnesses all voiced that police officer Perry was driving at a speed close to 50 mph and spend through the intersection. Virginia law states that officers are actually not required to sound their sirens when they’re running red lights. (Clearly, this law needs to be amended as the practice resulted in a preventable deadly crash). Perry stated that she was indeed trying to turn on her siren while making herself aware of the traffic ahead of her but despite her efforts, “it did not come on.”
A video from officer Perry’s dashboard, which showed that the officer hit the brakes and turned on her emergency lights, was the key piece of evidence that prompted the not guilty verdict. Perry had perceived that the intersection was clear. For several seconds before the crash, the officer did not use her brakes or swerve. The light had been red for about 5 seconds prior to the crash. Perhaps not surprisingly, she claimed that McIntosh’s car “came out of nowhere.” Perry was going between 38-44 mph, according to crash experts, when the crash occurred. Perry was not seriously hurt but Ashley suffered fatal injuries that led to her death the following day.
“The judge saw the video and heard all the testimony and the judge found that that did not rise to the level of a conscious disregard for life, limb or property,” Ed Nuttall, defense attorney
Ashley McIntosh had her whole life ahead of her. She was loved by the children at Clermont Elementary School. She was engaged to the love of her life. She was young and contagiously happy.
Ashley’s supporters, many of whom signed the petition that begged for justice to be served despite the fact that an officer was involved which appeared to be delaying and swaying the process, are in shock. She has yet to apologize to the family. Perry has taken no responsibility whatsoever. Supporter recently commented on our blog about the outrage concerning the lack of outrage and the fact that Amanda Perry was allowed to leave the courtroom through a special entrance, without statement.
It is obvious that the reckless driving charge was a set up. It was a charge designed to placate Fx Co residents but it is a charge the Commonwealth’s Attorney knew could, and would, be defeated. A charge of running a red light was indisputable and would have certainly resulted in a conviction and would have paved the way for a wrongful death suit. Where is the outrage? Other than the Washington Post, I have not connected with any of the outrage this case deserves. –RT Greenwood
Now that the officer has been found “not guilty” of the absurdly low level charge DESPITE traversing the intersection at 45 mph with NO SIREN activated (to investigate shoplifting?), will you be following through to demand some independent oversight for the Fairfax County police, required to attain no more than a high school diploma in a county and state with NO independent Ethics Commission/No Inspector General and led (as “chiefs” of police) by a revolving door of insider males? Should the defendent have been allowed to leave the courtroom through a side door used by deputies? –C Green
Cindy Colasanto, Ashley’s grieving mother, read a statement prepared in the event of an unexpected acquittal.
“It’s beyond any understanding I have to think that an officer of the law, sworn to protect and defend us, is not held responsible for the irresponsible decision she made, responding to a call and resulting in the violent death of my daughter. Her misdeed has caused my family lifelong grief and a pain that we’ll never forget.”
The attorney for Officer Perry argued that the crash was the fault of Ashley. Ashley’s car was going about 22 to 26 mph through her green light.
“It’s clear from the video, Ms. McIntosh’s vehicle is not taking a left-hand turn. . . . The way in which Ms. McIntosh’s vehicle was driven was unforeseeable [to Officer Perry] and therefore the reason that this impact occurred.” –Edward Nuttall
NOTE: While Ashley’s light was definitely green and Officer Perry’s light was certainly red, police officers are exempt from the red light/green light law if their “speed is sufficiently reduced.” Of course, considering that they have due regard to the safety of persons and property.” However, the law states that the officers must have both their lights and their siren on, which was not the case here.
My deepest condolences to Ashley’s family and loved ones.
Do you think the officer was given the same treatment and verdict as a common citizen would be given? Voice your opinion.