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Monona police officer won't be charged after pursuit ended in deadly crash

MONONA, Wis. (WKOW) -- The Monona police officer who pursued a vehicle prior to the driver crashing it into a tree, killing the three people inside, will not be charged.

The Dane County District Attorney’s Office concluded on Friday that there is no potential criminal court liability for the officer who attempted to stop the vehicle prior to the crash.

“In this death investigation, law enforcement’s attention was drawn to a vehicle due to erratic movements," said Dane County District Attorney Ismael Ozanne in a statement. "Law enforcement’s attempt to get close enough to the vehicle to run a data check created a situation in which the driver decided to flee at a high rate of speed."

Ozanne continued, "Law enforcement’s attempt to catch up to said vehicle did not cause the crash as law enforcement never came into actual contact with the vehicle in question. There is also no evidence that law enforcement’s attempt to use a spike strip had any impact on the vehicle’s condition such as deflating the tires."

The crash happened on Jan. 1., just past the intersection of Femrite Drive and CTH AB. 

At about 9 p.m, the officer was at the intersection of St. Teresa Terrace and Monona Drive, and as he turned onto Monona Dr. he reported seeing an SUV traveling on Monona Dr. turn abruptly from the far left lane to the right lane at Monona Drive and Nichols Rd. before turning right on Nichols Rd.

The officer believed the vehicle may be trying to avoid him, according to the report. As the officer turned onto Nichols Rd. to attempt to run a data check, the SUV turned into a parking lot. The officer followed the SUV into the parking lot. The SUV didn’t park but instead turned around and accelerated past the officer and back onto Nichols Rd, according to district attorney's report.

The officer turned his squad around and turned on his lights and siren in an attempt to stop the SUV.

According to police, the SUV accelerated on Nichols Rd. across Monona Dr. on to Pflaum Rd. toward Stoughton Rd. The SUV reached speeds in excess of 80 mph on Pflaum Rd. before it went through a red light at the intersection of Pflaum Rd. and Stoughton Rd.

The SUV turned onto Agriculture Dr. and then went westbound on Femrite Dr. There was a fully marked Madison Police Department squad parked on Femrite Dr. The SUV turned around in the middle of Femrite Dr. and continued eastbound in the westbound lanes of Femrite Dr.

As the SUV continued eastbound on Femrite Dr. the Monona squad was believed to be about 100 to 150 yards behind the SUV.

At the intersection of the Femrite Dr. and CTH AB, a Dane County Sheriff’s squad was positioned to deploy a spike strip. As the SUV came to the intersection the deputy attempted to pull the spike strip into the path of the SUV but was unsuccessful and the SUV did not come into contact with the spikes.

The SUV went through the four-way stop intersection of Femrite Dr. and CTH AB continuing on Femrite Dr. The SUV’s brake lights were seen activated in the squad video just before the SUV collided with a tree and a fireball was seen.

All three occupants of the SUV were pronounced dead at the scene of the crash. They were identified as Aajayah Ray, 19, Rashad Nelson, 30, and Aaron Willis, 30.

None of the occupants appeared to be wearing seat belts at the time of the SUV impacting the tree, the district attorney's report stated.

Two firearms were later found in the vehicle; one of which was listed as stolen. There was also marijuana found in the vehicle.

Toxicology of the driver of the SUV indicated the presence of Delta-9/THC and its metabolites, methamphetamine and promethazine.

More at WKOW 27 News


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