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Cortland cop cleared in death of teen; appeal planned
BY JORDAN COHEN
WARREN
It took a Trumbull County jury less than 90 minutes of deliberation Friday to find that Cortland Police Officer Jason Smith was not at fault when his cruiser struck and killed 16-year-old Cassandra Thompson in July 2006.
The victim’s father, William Thompson of Kinsman, had filed suit for $2.5, claiming that Smith was speeding unnecessarily at the time of the accident. The police officer had been responding to a nonemergency police call when his cruiser struck the victim at a speed that Smith said was between 35 and 45 mph.
Thompson’s attorney, Lee Bell, had produced a witness, a retired highway patrolman, who said the speed was between 59 and 66 mph in the 35-mph zone on Cortland’s South High Street where the girl was killed.
The victim, however, had levels of OxyContin, Methadone and Valium in her system at the time of the accident, none of which had been prescribed by a physician. This may have influenced the panel of six women and two men, who found neither negligence nor misconduct against the 20-year police veteran.
“We empathize with the families of both [Thompson] and [Smith],” said Leslie Vickers of Howland, jury foreman, “but we feel that our verdict speaks for itself.” Vickers said she was speaking on behalf of the entire panel.
A visibly disconsolate Thompson said he could not believe the verdict. “This should have been held in a different county because [Smith’s] friends and family work here” in the courthouse, Thompson said. “We will appeal.”
Bell called the verdict “very disappointing” and said the appeal will be based on “numerous rulings” by Thomas Curran, a visiting judge from Cuyahoga County who tried the case. Bell declined to disclose any specifics.
Smith, 40, said afterward that he was pleased with the verdict but revealed that the accident and subsequent litigation have significantly changed his life.
“This whole incident is a terrible event for two families, the Thompsons and [mine],” said Smith, who is school resource officer for the Lakeview school district in Cortland. The patrolman said he is devoting the rest of his police service to helping young people at the schools.
“There was a complete lack of evidence that showed any recklessness, wanton or willful misconduct,” said Craig Pelini, Smith’s attorney. “There are no winners here, but the jury did the right thing.”