An Albuquerque, New Mexico police officer has decided to sue the mother of a child he killed as he collided with her vehicle while speeding through an intersection at twice the legal speed limit.
In the lawsuit, Albuquerque Police Officer Jonathan McDonnell, who broke his leg int he accident, claims the crash is the mother’s fault and the accident has caused him emotional distress and mental anguish, as well as causing strain on his relationship with his wife and 3 kids–who are all alive– reported KRQE.
The Bernalillo County Sheriff’s investigation determined McDonnell was traveling at double the speed limit while responding to a call in May 2017. However, McDonnell claims the mother was the one driving carelessly when she turned at the intersection.
Antoinette Suina and her two kids were in the vehicle when they were hit by the speeding officer. Joel Anthony Mumaw, 6, was rushed to the hospital, but died the next day.
The lawsuit claims Suina drove carelessly and negligently, and also failed to yield to his emergency vehicle.
Suina had filed a lawsuit in January against McDonnell and the city, claiming the officer was driving recklessly to the call.
Th police investigation showed the officer was driving 80 mph, but hit the brakes and slowed to 67 mph before colliding with Suina’s car as she made a left turn at the intersection. Both of the drivers reportedly had green lights.
Suina’s attorney, Rachel Higgins, said the accident was not Suina’s fault, and the sheriff’s department agrees.
“She was deemed by investigating police to not have made any driving error,” Higgins said.
APD said McDonnell is still on light duty because of injuries from the crash. The department’s internal affairs case is still under review.
This is McDonnell’s 6th preventable crash since joining the APD in 2008.