That
night in October 2019 Jonathan Mackenzie Parker was delivering pizza
as usual when -- as he explains -- BAM!
He
had the right of way at the intersection of Clinton and Marion
streets. Without warning -- no flashing lights or siren -- a
Plattsburgh Police Department car shot through, ignoring the stop sign, totaling
Jonathan's car.
The
incident was recorded by a dashcam camera in a car parked down the
street. The accompanying video shows the violent impact.
The
police officers were responding to the report of someone on the loose
with a knife. According to Jonathan both officers were taken away by
ambulance. The photos below show the extensive damage to his car.
The
Plattsburgh PD told Jonathan that the police officer was at fault and
that he would be compensated by the department's insurance company.
He says the police report and the investigating officer stated the
police driver who ran into him was at fault.
In
a Press-Republican newspaper article
about the crash dated Oct
28, 2019 Police
Chief Levi Ritter was quoted: "They proceeded through an
intersection (with Clinton Street) as carefully as possible, but
collided with another vehicle... There’s no good way to say this;
the officer was at fault.”
So
Jonathan thought he would be reimbursed. Working 60 hours a week at
Pizza Bono meant his car provided a source of income. He says he was
without a car for a week until he was able to purchase another
vehicle to get back to work.
Jonathan:
"I had to drop all my savings on a new [car] and it put me
behind on my rent and other bills."
But
the insurance money would help him out -- or so he thought.
The
insurance company for the Plattsburgh PD refuses to pay out. In a
letter sent to Jonathan the company stated:
"Tokio
Marine HCC - Public Risk Group insures claims on the behalf of US
Specialty Insurance Company (USSIC) and The Tokio HCC Public Risk
Program through which the City of Plattsburgh, NY is insured. We
have received notice of your above-referenced claim seeking recovery
of property damage arising out of a motor vehicle accident that
occurred on or about the above stated date of loss...
"Our
investigation has revealed the underlying the Claim occurred during
the course of a call by our insured police vehicle, and therefore,
the City of Plattsburgh is entitled to governmental immunity in this
matter... Our investigation found no evidence to suggested the
alleged actions of the operator of the police vehicle would meet the
'reckless disregard' standard."
No
siren, no flashing lights, running a stop sign. No reckless
disregard?
Jonathan:
"I'm kinda low on options [to deal with the insurance company
denial.] To be honest this whole thing has been pretty demoralizing.
Like all I did was drive straight down the street and then all of a
sudden my life is turned upside down. It's been all my responsibility
to get all this done. I'm the one making all the calls, filling out
paperwork and doing all the work. And it's just so unfair."
*
* *
Here
are previous articles I've written about Plattsburgh PD cars speeding
along without sirens on.
