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Sep 30, 2009 12:43 pm US/Central
Settlement Proposed For Fatal DPD Bicycle Accident
DALLAS (CBS 11 / TXA 21) ―
A North Texas family, whose son was killed when a Dallas policeman ran him over him last year, is awaiting Dallas City Council approval of a $250K settlement.
The council is being asked to okay the quarter-million dollar settlement with the family of Cole Berardi.
Dallas Police Department Senior Cpl. Michael Vaughn struck and killed Berardi on Beltline Road as he sped from one disturbance call to provide backup for another.
Berardi was about halfway between his home and a gas station where he liked to hang out when he was clipped by Vaughn's police car on October 16, 2008. Family members say the 10-year-old was an honor roll student at Kleburg Elementary in Dallas.
Days after the accident Dallas Police confirmed that the Sr. Cpl. Vaughn was driving 67 miles per hour at the time of the crash. The speed limit at that point on Beltline is 40mph.
A grand jury cleared Sr. Cpl. Vaughn of criminal wrong-doing but the police department determined he had violated procedures.
The young boy reportedly pulled his bicycle out in front of the Dallas police patrol car, that wasn't running with lights and sirens. CPR was attempted on Berardi at the scene, but he died later at Baylor University Medical Center.
Days after the fatal accident Dallas Police Chief David Kunkle announced that DPD on high-speed run policy changes had been made, including –
- Prohibiting officers from driving faster than 20 mph above the speed limit on major roadways and freeways when their lights and sirens are activated.
- Allowing police to exceed the 20 mph limit when another officer is in danger or when they are involved in a pursuit.
- Requiring police, in residential areas and school zones, to follow posted speed limits even if their lights and sirens are on.
The requested $250,000 settlement with the Berardi family is the maximum allowed by state law.
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