Latest news with #HouseBill1054
Yahoo
21-05-2025
- Yahoo
Pierce County police pursuit turned deadly. Should deputies, WA be held liable?
A man whose wife was killed when someone fleeing police crashed into their vehicle near Parkland is suing Pierce County and the state, alleging that the Department of Corrections failed to properly supervise the other driver and that sheriff's deputies shouldn't have given chase. Stephanie LaGuardia, 47, died in March 2022 after the vehicle she was riding in with her husband, Ernesto LaGuardia, was struck at high speed by Zakery M. Bonds around the 9600 block of Pacific Avenue. Bonds had just nearly hit a sheriff's patrol vehicle in a parking lot and appeared disoriented as deputies tried to make contact with him upon spotting him rev his engine and drive onto a curb, authorities said. Bonds, who later was determined to have been under the influence of drugs, sped past traffic in a turn lane and went around vehicles stopped at a red light before crashing into the LaGuardias. Bonds, 40, was sentenced in February to 27 years in prison for vehicular homicide and DUI vehicular assault. In a lawsuit filed this month in Pierce County Superior Court, Ernesto LaGuardia alleged that the state and Pierce County were liable for the crash that killed his wife and left him badly injured. Two Pierce County deputies who chased Bonds' silver Dodge Charger were negligent and contributed to the wreck by failing to follow department policy and state law, according to the suit. The complaint cited department policy requiring deputies to weigh the risks of pursuit with the importance of apprehending a suspect, and a state law (House Bill 1054) in effect at the time precluded authorities from pursuing suspects unless they were alleged to have committed certain crimes, such as violent or sex offenses or a DUI. 'Had the deputies followed their department's policies and procedures, and/or HB 1054's requirements, and had they taken into account the conditions (darkness) and high rate of speed at which they were pursuing Bonds, they would not have engaged in the pursuit that was a proximate cause of the collision that led to the Plaintiffs' injuries,' the suit said. Sheriff's Office spokesperson Carly Cappetto said in an email Tuesday that the office would consider issuing a statement once the case was closed. The lawsuit, filed on May 12, also accused the Washington State Department of Corrections of failing to provide adequate oversight of Bonds and said it was a causal factor of his presence and ability to commit crimes in Pierce County. Bonds, whose lengthy criminal history dates back to his juvenile years in Tennessee, racked up eight convictions in Washington for attempting to elude police between 2014 and 2019, according to court records, with most stemming from Mason County, located west of Pierce County. After being incarcerated, Bonds was released in December 2020 into community custody — a parole-like supervision overseen by the Department of Corrections (DOC) — in Kitsap County, related to offenses including attempting to elude law enforcement and drug crimes, the lawsuit said. Bonds violated the conditions of his supervision on multiple occasions, including by consuming controlled substances, missing appointments for substance-abuse treatment and not living at a DOC-approved address, according to the suit. In spring 2022, the department was aware that Bonds' behavior had become so 'increasingly concerning and bizarre' that his grandmother repeatedly contacted his assigned community-custody officer to seek help because Bonds was 'out of control,' the suit claimed. The DOC didn't meaningfully act on the violations of Bonds' supervision, the suit said, adding that only after discovering he had disappeared for nearly three weeks did the department issue a warrant for his arrest. Even then, it allegedly made no active attempts to locate him or bring him into custody. A week after the warrant was issued, Stephanie LaGuardia would be dead. 'DOC does not comment on pending litigation, but our Community Corrections Division plays a crucial role in promoting public safety while reintegrating incarcerated individuals into society,' department spokesperson Chris Wright said in a statement Tuesday. 'We currently supervise nearly 14,000 people in communities across the state and our employees provide guidance, support and program opportunities for individuals on our caseload while holding them accountable to their court-imposed conditions.' Wright added that the department, which works closely with local and federal law enforcement to bring into custody people who have violated their conditions, just last week helped locate and apprehend suspects in Mason County and at the Nevada-California state line who were on community supervision and fled. A message left for the attorney representing Ernesto LaGuardia, who's suing on behalf of himself and as the personal representative for his late wife's estate, was not immediately returned Tuesday. The suit is seeking unspecified damages to be proven at trial and legal fees, as well as any other relief deemed appropriate by the court. Ernesto and Stephanie LaGuardia were married for about 20 years and had four dogs: Princess, Oliver, Mila and Ty, The News Tribune previously reported. They were in the process of moving from Auburn to the Tacoma area on the night Stephanie LaGuardia was killed. 'Each day feels like I am walking through life in a fog,' Ernesto LaGuardia said at Bonds' sentencing hearing in February. 'I find myself missing her smile, this wonderful voice, the way she would make my day better by being near me. My world has become quieter and darker.'
Yahoo
17-02-2025
- Politics
- Yahoo
Bill filed after death of Atlanta deacon Johnny Hollman refiled, allows refusal to sign tickets
Legislation filed in response to a man dying after refusing to sign a traffic ticket in Atlanta has been refiled. If passed, the bill would allow you to refuse to sign the ticket but still let police and other members of law enforcement issue the citation. In August 2023, Atlanta church deacon Johnny Hollman died when an Atlanta police officer Tased him after he refused to sign a traffic ticket. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] Five months after Hollman's death, Georgia lawmakers worked to file 2024′s House Bill 1054 in a bipartisan effort. While that effort didn't make it through the process to become law, its supporters have reintroduced the legislation this year, hoping to pass the option into law. House Bill 283 is again a bipartisan effort in the Georgia General Assembly for this year's version. RELATED STORIES: New bill would allow drivers to not sign traffic tickets if they are pulled over Family of Atlanta deacon Tased during traffic stop suing tow truck driver, company in his death Family of deacon who died after being tased by APD now call for tow truck driver's arrest Taser manufacturing company claims their device could not have been Johnny Hollman's cause of death 'I'm hurting. My family is hurting;' Family reacts to Johnny Hollman body camera video According to the legislative text, if passed, drivers issued citations could refuse to sign the ticket. Specifically, 'a person who is issued a sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial.' This is a change from 'shall sign,' which would have required a signature regardless of whether the driver accepts the citation's accuracy. Additionally, the legislation requires that an officer must advise that signing the citation is not an admission of guilt but does require they appear for trial. The current version of the statute requires that a driver facing a citation is advised signing is not an admission of guilt, but would require a cash bond for failing to sign the citation. Instead, if HB 283 passes, officers will write 'refusal to sign' on citations where the driver declines to provide their signature, still allowing the driver to receive the citation. [SIGN UP: WSB-TV Daily Headlines Newsletter]
Yahoo
06-02-2025
- Politics
- Yahoo
House defeats bill requiring public schools to set policies for chaplain visits, services in SD
Rep. Al Novstrup, R-Aberdeen, listens to a budgetary brief in Pierre on Jan. 14, 2025. (Joshua Haiar/South Dakota Searchlight) A bill requiring public school districts in South Dakota to set policies allowing chaplains to serve within school buildings failed in the South Dakota House of Representatives in a 49-18 vote. Rep. Al Novstrup, R-Aberdeen, introduced House Bill 1054, saying that it would formalize religious outreach efforts in schools and help students to develop relationships with spiritual mentors. Chaplains would serve in schools based on school board policies, including qualification requirements and parental consent. Lawmakers opposed to the bill shared how faith leaders are already involved in many South Dakota schools through clubs and outreach efforts, and worried that a mandated policy would confuse practices in place. Brookings Republican Rep. Mellissa Heermann said she worried about variation in minimum qualifications and teaching standards by school district. Bill requiring public schools set policies for chaplain visits, services in SD passes committee Religion is a personal decision that should be left to a child and their family, said Sioux Falls Democratic Rep. Erin Healy. The bill 'doesn't strengthen religious freedom, it threatens it,' she said. It could potentially alienate a child if a school chaplain instructs different religious values than the student and their family believe. 'Parents send their children to public school to learn to read, to learn to write, and learn to have critical thinking skills,' Healy said. 'They don't send them to public school to have religious instruction imposed on them by government-mandated chaplains.' Proponents of the legislation argued it was written loosely enough to allow for local control and account for concerns raised during debate. Lawmakers this session are also weighing Senate Bill 51, which would mandate that public schools display the Ten Commandments in every classroom. That measure passed the Senate and heads to the House of Representatives. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE