ORLANDO, Fla. – An Orlando police detective will not face criminal charges in connection with a vehicle pursuit that ended with the death of a 56-year-old bystander, prosecutors announced.
Gerald Neal was struck and killed on Feb. 12 by a car driven by Dornell Bargnare, who was fleeing OPD Detective Christopher Moulton.
The backstory:
The State Attorney’s Office said Detective Moulton was not criminally responsible for the death of Neal.
Investigators said Bargnare sped away from Moulton during an attempted traffic stop, drove onto a sidewalk near the intersection of Rio Grande Ave. and Indiana St., and hit Neal before fleeing on foot.
Prosecutors released photos showing Bargnare’s car with a shattered windshield, which Florida Highway Patrol investigators said was caused when the vehicle hit Neal. They determined the suspect’s actions — not the detective’s pursuit — directly caused the death.
Records show Moulton initially attempted to stop Bargnare for having an unreadable license plate, activating his lights and sirens. When Bargnare fled, Moulton continued the pursuit — at times reaching 90 mph — but turned off his lights and sirens.
What they’re saying:
For insight, FOX 35 News spoke with criminal defense attorney Michael Panella, who is not involved in the case.
“For the state to charge the detective, they would have to prove beyond a reasonable doubt that his chase caused Neal’s death,” Panella said. “It was the person fleeing who likely caused the actual death.”
Panella noted that while the criminal standard was not met, civil litigation remains possible because the threshold of proof is lower.
“You cannot just go and pursue someone at a high rate of speed for a very minor traffic offense, which is ultimately what this amounts to be,” Panella said.
What’s next:
Bargnare faces multiple charges, including vehicular homicide, fleeing or attempting to elude a law enforcement officer and leaving the scene of a crash involving death.
The Source: This story was written based on information shared by the Orlando Police Department and the Office of the State Attorney for the Ninth Judicial Circuit.