A Tucson police officer was not acting within department policy when he struck and killed a pedestrian with his speeding patrol car in February, according to a Tucson Police Department board of inquiry released Monday.
Officer Timothy Coussens was cited for speeding by the City Prosecutor’s Office, the Board of Inquiry’s conclusion says. He was going about 12 mph over the posted speed limit when he ran over Timothy Fleming, 53, with his police cruiser.
“The post-collision investigation and reconstruction of the collision determined that Officer Coussens was traveling at (a) speed of 52.42 miles per hour,” the inquiry’s conclusion says.
The posted speed limit on Broadway near Old Spanish Trail, where the fatal collision occurred, is 40 mph. As such, Coussens wasn’t following state and local laws, which is a violation of a Police Department general order.
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The board, which consisted of a Tucson police captain, two lieutenants and an officer, recommended referral to Coussens chain of command for disciplinary review. That disciplinary review wasn’t released with board of inquiry.
Coussens, who was on duty, struck Fleming about 4:15 a.m. Feb. 13 as he drove to meet another officer for breakfast.
An investigation determined that Fleming wasn’t in a marked or implied crosswalk, and a witness said he was wearing dark clothing when Coussens struck him.
Coussens told investigators he was driving eastbound on Broadway at normal speed, which he estimated between 45 and 50 mph, according to the board of inquiry’s conclusion. He also said he wasn’t distracted by any other activity.
Coussens was driving in the lane closest to the median when he spotted Fleming just in front of his car on the right side. Coussens swerved to avoid Fleming, but the front of the cruiser slammed into him anyway.
The car went across the median and came to a stop in the westbound lanes.
The County Attorney declined to file criminal charges against Coussens. A letter sent from the County Attorney’s Office to Police Chief Richard Miranda said that even though Coussens was speeding, his speed was not excessive.
The letter said the County Attorney could not show that Coussens actions were reckless or criminally negligent when he struck and killed Fleming, according to Arizona Daily Star archives.
Fleming's obituary said he "was a former Franciscan friar, priest, scholar, author, advocate for victims of abuse, educator, pastoral counselor, Reiki master, massage therapist, friend and beautiful child of God."
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