Cortland, cop face lawsuit over fatality

WARREN – The father of 16-year-old Cassandra Thompson, struck and killed by a Cortland police cruiser this summer, has filed a wrongful death lawsuit against the officer who was driving.

The suit was filed Monday by Cassandra’s father, William Dale Thompson, of Kinsman, against Patrol Officer   Jason Smith, the Cortland Police Department and the city.

Cassandra was visiting with friends who live on South High Street on July 25; she had gone across the street about 11:30 p.m   and was returning when hit.   Smith was responding at the time to a report of a fight in another part of town.

Thompson, administrator of his daughter’s estate, is seeking at least $25,000 in damages. The lawsuit alleges that Smith had not turned on his siren, overhead lights and was speeding at the time of the accident.

The Trumbull County Prosecutor’s Office said that the coroner’s office found a cocktail of drugs, some of them illegal, in Cassandra’s system when she died.

Neither Smith nor Police Chief Gary Mink could be reached for comment. Smith was not charged with wrongdoing and has since reported back to duty. After the accident, he was on paid administrative leave.

The lawsuit was filed in Trumbull County Common Pleas Court by Attys. Lee J. Bell of Canton and   William J. Urban Jr. of Warren.

The lawsuit says that state law gives the drivers of emergency vehicles the authority to speed when responding to an emergency call while displaying their overhead lights and siren. The complaint says that although Smith was traveling at high speed, he had not activated his pursuit lights or sounded the siren.

The question of if the car’s headlights were on is still under investigation, the lawsuit states.   The complaint pointed to state law that requires all vehicles display to display headlights between sunset and sunrise, and no exceptions is made for emergency vehicles.

“As a result of the reckless, willful or wanton conduct ...” of Smith, the cruiser struck Cassandra, causing her death, the complaint states.