By Dave Thompson
News Advance
LYNCHBURG, Va. — A Lynchburg judge sentenced an ambulance driver involved a fatal wreck to a $25 fine after finding him guilty of improper driving — a three-point DMV violation in line with speeding by less than 10 miles per hour.
General District Judge Sam Eggleston said he didn’t find evidence of recklessness on the part of Justin Kidd. At the time of the crash, Kidd was a Campbell County Public Safety employee.
He was driving the Campbell County Rescue Squad ambulance involved in the May 3 wreck at the intersection of Campbell and Florida Avenues that killed retired firefighter Dean Anders.
Witnesses testified Kidd ran a red light.
“I think you thought the light was green. I think you made a mistake,” Eggleston said.
Kidd testified Wednesday he was transporting a patient to Lynchburg General Hospital, but not running the ambulance’s lights or sirens at the time.
He said he saw the truck out of the corner of his eye before he realized the truck was going to cross Campbell Avenue.
A witness driving on Campbell Avenue into Lynchburg, the same direction as the ambulance, said the light at Florida Avenue was red as she approached it and remained red as the ambulance passed her.
Roseann Dickerson said she saw the ambulance slow as if the driver tapped the brakes, but it continued through the light which was red before the ambulance passed her.
“By the time I stopped at the red light, I saw the truck and ambulance in the intersection at the same time,” she said.
A witness traveling from Martin Street, which becomes Florida Avenue and crosses Campbell Avenue, the same direction as Anders’ truck, said their light turned green and was still green as Anders entered the intersection.
Gloria Sales testified she was entering the intersection just after Anders’ Ford F-150, when the ambulance struck the truck, flipping it.
“The ambulance came so fast, and hit him so hard,” she said.
“I sat there for a while because it scared me so bad … I don’t know why he didn’t stop.”
Kidd testified another ambulance, which was running lights and sirens, approached the light at the U.S. 460 interchange, one traffic light before the Florida Avenue light, then turned onto U.S. 460.
But before it turned, it activated the traffic signal priority control, Kidd said, making both the light at the interchange and Florida Avenue green.
Dickerson said she witnessed the second ambulance, but she and Sales both testified the lights didn’t change and flashing indicator lights were not triggered.
Defense attorney Joseph Sanzone argued the case should be thrown out for two reasons.
First, he argued the portion of the Code of Virginia, stating “The driver of any emergency vehicle … when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution … Proceed past any steady or flashing red signal, traffic light, stop sign, or device indicating moving traffic shall stop if the speed of the vehicle is sufficiently reduced to enable it to pass a signal, traffic light, or device with due regard to the safety of persons and property.”
Assistant Commonwealth’s Attorney Michael Pflieger countered with the following section of the Code, stating “The exemption granted shall apply only when the operator of such emergency vehicle displays a flashing, blinking, or alternating emergency light or lights … and either (a) sounds a siren, exhaust whistle, or air horn … or (b) slows the vehicle down to a speed reasonable for the existing conditions, yields right-of-way to the driver of another vehicle approaching or entering the intersection from another direction or, if required for safety, brings the vehicle to a complete stop before proceeding with due regard for the safety of persons and property.”
Sanzone argued unsuccessfully there was no evidence all the stoplights were in proper working order, since officers testified there was no test of the lights conducted in the aftermath of the wreck.
Pflieger said that argument was ineffective because even if the lights weren’t working properly, Kidd should have stopped if he had a red light.
In the end, Eggleston said he believed Kidd would be punished for a long time simply by his memory of the wreck and the knowledge his mistake cost a man his life.
“I don’t think there is any punishment I could impose on you that could outweigh the fact that you killed somebody,” he said.
Recently, Campbell County spokeswoman Sherry Harding said Kidd still was employed by the county, but had at the time been reassigned to administrative duties.
Improper driving exists solely as an option for a judge wanting to reduce a reckless driving charge. Drivers cannot be cited for improper driving.
Reprinted with permission of News Advance