I strive to be accurate. In fact, some have suggested I am dishonest here on my blog. Yet when I challenge them to find ONE instance of my being dishonest, or even inaccurate, all they can resort to is calling me names. Essentially they just don't like the facts about which I chose to write. You might notice historically I prefer to quote from emailed responses, and as often as possible link to supporting documents.
And I'm sorry if so many taxpayer funded media and public relations people don't appreciate me trying to pry public records from their resistant hands, but perhaps if their first concern was transparency versus public relations, it wouldn't prove so painful.
To that end, Alyson Crean of KWPD has released additional documents pertaining to
Deputy Zuelch's accident. To be quite clear I asked for "any reports" and Alyson Crean provided to me what she termed the "final report." She now has released additional information. Unfortunately, what she released contained some items that I know should have been redacted, and in an abundance of caution I will not provide them here.
UPDATE: Full Report Now Available Here
But I will discuss those details released:
First, Zuelch unlocked her phone and let the investigators review the call and text history, and additionally provided a call log that illustrated she was not on her phone or texting at the time of the accident.
Additionally one witness stated "Shocked, I too did not really notice him until he was struck, all was accident." Another fourteen year old witness said, "Person stepped out of trees. He walked out into street. The Officer slammed on the brakes and tried to stop."
KWPD also immediately secured the in-car video and worked with MCSO IT to download an unaltered copy.
Also though, Zuelch lawyered up, and made no statements, referring investigators to her attorney. I completely understand that in today's world.
While KWPD made extenuating effort to obtain the BAC of the guy that was hit including trying to obtain a subpoena through the State Attorney's Office, from what I can see they made no effort to obtain Zuelch's BAC, even a voluntary request.
The report also states;
"No brake shadow present before area of impact"
"area of impact to brake shadow 55' 10"
"area of impact to crosswalk 34'00" "
This tells me that while the pedestrian was 34 feet in front of a crosswalk, that Deputy Zuelch hit the pedestrian and continued through the crosswalk and beyond for 21' until she applied her brakes.
I give all the benefit of the doubt in this case to Zuelch, even though it took her approximately 1.5 seconds to hit her brakes.
But still I can hear some of you out there that aren't enamored with Naked Conch saying... "So Gardi, why don't you keep your big mouth shut until you have all the facts?"
That's my point exactly. First, I still don't have all the facts. I don't know conclusively if Deputy Zuelch was under the influence of any substance. That could have been resolved by KWPD requesting a test. If Zuelch wants to lawyer up, fine. But not seeing someone very close to a crosswalk, and not braking for 55 feet after hitting them to me is probable cause for a toxicology test. Let her lawyer, the State Attorney and/or a Judge decide later that it isn't. But I have spoken to other Law Enforcement Officers that have said they would volunteer one immediately in the interest of clearing their name.
More importantly, MCSO could have exercised their existing personnel policy and taken a test and put any such doubt to bed, but they chose not to. Again, that's my point. This isn't about Zuelch, or this tragic accident, but it's about the decisions that are made by Agency Admin in these instances that give the appearance of preferential treatment and ultimately create doubt. There is no need for anyone to have such doubt, at all.
Also, while not texting, how do we know she wasn't distracted by something else like a laptop in her car? We don't, as far as what I can see at this point. How do we ever correct what might be job related expectations that distract Law Enforcement Personnel if the choice of administrators is to sweep things like this under the rug to avoid public criticism, versus addressing it head on. Colonel Ramsay went so far as to make adjustments in policy after Deputy Powers was killed in an accident, but chose not to use existing policy to conduct a toxicology test on Zuelch or Deputy Ward after they were involved in accidents resulting in fatalities. There is no excuse for that. If they want to work for MCSO, they know the drill, make the tests mandatory as Tom Peteck would do. Not doing so allows for, or creates the impression of favoritism....and a public that feels like there is a double standard.
Further, I didn't have ALL the facts because of the way media relations personnel circle the wagons. Sorry, I'm not your average Keys reporter influenced by advertising in my paper. I'm sorry I don't want to just regurgitate agency press releases and that I want to understand and convey the full extent of what has happened. The idea is to keep the public informed and promote improvements. Those responsible for interacting with the press need to accept that there is a vast and viable spectrum of alternative sources from which the public glean their news from, and need to be as transparent as possible in all cases.
