Officer involved in fatal accident pays speeding fine
December 2007 crash killed 20-year-old Bowie man
A Prince George's County police officer who was involved in a December 2007 accident that resulted in the death of a 20-year-old Bowie man, paid a speeding ticket related to the accident Friday rather than contest the charges in District Court Monday, according to a spokeswoman for Prince George's County State's Attorney Glenn F. Ivey.
Officer Mario N. Chavez Jr., 31, paid the $260 speeding ticket that county police issued him in connection with the Dec. 10, 2007 collision that occurred between himself and Bowie resident Brian Gray. Gray died as a result of the accident.
Chavez, who was off-duty at the time the accident occurred, also will receive three points on his driver's license as a result of the speeding offense, said Sharon Dukes, a spokeswoman for Ivey.
Chavez's attorney, Eric Gibson, contested the charges in court twice, though each time the case was continued. At the latest hearing in July, Gibson had indicated he would contest the charges at a hearing scheduled for Monday.
Gibson did not respond to a request for comment on Chavez's decision to pay the ticket on Friday.
On Dec. 10, Chavez was travelling home at about 7 a.m. from a friend's house, where he had spent the night after drinking several beers, according to an Aug. 13, 2008 deposition Chavez gave as part of a civil lawsuit brought by Gray's family against Chavez and the county.
Chavez was driving 50 mph in a 25 mph zone when Gray pulled out in front of the officer's car at the intersection of Belair Drive and Beaverdale Lane in Bowie, according to a county police investigation that placed the blame for the accident on both drivers.
Ivey considered bringing vehicular manslaughter charges against Chavez at the time of the accident, but did not do so due to lack of evidence, he said.
"For me, the key point is that traffic tickets are not enough in a case like this," Ivey said Monday. "I think we need to expand the criminal law."
During the 2009 Maryland General Assembly session, Ivey testified in favor of a bill that would have made it a misdemeanor when a driver kills someone in an accident that involves reckless driving. The bill did not pass, but Ivey said this week the he plans to support it again next year.
Chavez was first scheduled for trial in county Circuit Court in May but the case was continued at the request of assistant state's attorney Stacey Cobb, who said she had just received new evidence that morning. The case went to District Court in July, where it was continued again after Judge Robert Heffron requested that Chavez be present in court.
Defendants can waive their right to appear in court for traffic cases but it is rare that they are not present, said Ramon Korionoff, a spokesman for Ivey.
Some of Gray's family said this week that Chavez's decision to pay the ticket brought them more frustration than relief, given that they've gone to court twice for trials in the matter that were continued.
"We are frustrated and it just adds to the sadness that my sister is facing," said Kathy McGehee, who is the sister of Gray's mother, Mary Gray. "If [Chavez] was going to pay the ticket why was he going to put my sister through the anxiety of going to court twice?"
Mary Gray has filed a civil lawsuit against Chavez and the county seeking $2 million that will go to court in September. She and her private attorney are barred by the judge in the case from talking about it to the media.
Chavez continued to work as a police officer in Prince George's County police district 5 in Clinton after the accident but was placed on administrative duty with no police powers due to a complaint from a separate incident that occurred in January 2009, said county police spokesman Maj. Andy Ellis.
The internal investigation of the second complaint is near completion, Ellis said, adding that because it is a personnel matter he could not comment on it further.
E-mail Andrea Noble at anoble@gazette.net.