The State Attorney’s Office has declined to press charges against the officer involved in a pursuit that ended with an innocent bystander’s death back in February.It happened when Orlando police were trying to arrest a man for driving with an unreadable plate.Investigators say that triggered a pursuit that ended with the bystander, Gerald Neal, being hit by the suspect’s car and a police truck. The 14-page memo says prosecutors considered charging the Orlando officer with manslaughter.Instead, the State Attorney’s Office concluded that, “The State of Florida does not possess proof beyond a reasonable doubt that Officer Moulton’s actions constituted culpable negligence, or that even if he were culpably negligent, that his culpable negligence “caused” the death of Mr. Neal under the caselaw cited above regarding third-party liability for another’s criminal actions. Therefore, no criminal charges will be filed against Officer Moulton.” BackgroundThe detective was trying to pull a suspect over for having an unreadable license plate on Feb. 12.The driver, Dornell Bargnare, failed to navigate a turn onto Indiana Street, according to police. Driving onto a sidewalk and hitting Neal.Body camera footage released earlier this year shows the officer getting out of his truck and chasing after the suspect, not seeming to realize Neal was under his truck. Based on the time on Moulton’s body camera video in the previously released footage compared to the time on the footage, Neal was underneath the truck for about 15 minutes. In the video you can see first responders working to revive Neal and talking about getting him to Orlando Regional Medical Center. But he wouldn’t survive.In an arrest warrant for Bargnare filed five days after the crash, it says his car struck Neal, but makes no mention of Neal being stuck under an officer’s truck.Bargnare was later charged with vehicular homicide on top of other charges.The Florida Highway Patrol was handling the investigation into Neal’s death and had handed over their findings to the state attorney’s office.The detective was on paid administrative leave pending the outcome of an internal investigation, according to the Orlando Police Department.
ORLANDO, Fla. —
The State Attorney’s Office has declined to press charges against the officer involved in a pursuit that ended with an innocent bystander’s death back in February.
It happened when Orlando police were trying to arrest a man for driving with an unreadable plate.
Investigators say that triggered a pursuit that ended with the bystander, Gerald Neal, being hit by the suspect’s car and a police truck.
The 14-page memo says prosecutors considered charging the Orlando officer with manslaughter.
Instead, the State Attorney’s Office concluded that, “The State of Florida does not possess proof beyond a reasonable doubt that Officer Moulton’s actions constituted culpable negligence, or that even if he were culpably negligent, that his culpable negligence “caused” the death of Mr. Neal under the caselaw cited above regarding third-party liability for another’s criminal actions. Therefore, no criminal charges will be filed against Officer Moulton.”
Background
The detective was trying to pull a suspect over for having an unreadable license plate on Feb. 12.
The driver, Dornell Bargnare, failed to navigate a turn onto Indiana Street, according to police. Driving onto a sidewalk and hitting Neal.
Body camera footage released earlier this year shows the officer getting out of his truck and chasing after the suspect, not seeming to realize Neal was under his truck.
Based on the time on Moulton’s body camera video in the previously released footage compared to the time on the footage, Neal was underneath the truck for about 15 minutes.
In the video you can see first responders working to revive Neal and talking about getting him to Orlando Regional Medical Center. But he wouldn’t survive.
In an arrest warrant for Bargnare filed five days after the crash, it says his car struck Neal, but makes no mention of Neal being stuck under an officer’s truck.
Bargnare was later charged with vehicular homicide on top of other charges.
The Florida Highway Patrol was handling the investigation into Neal’s death and had handed over their findings to the state attorney’s office.
The detective was on paid administrative leave pending the outcome of an internal investigation, according to the Orlando Police Department.