The Virginian-Pilot
©
VIRGINIA BEACH
Family and friends of the homeless man run over and killed last week by a city trash truck gathered at the site of the accident on Monday to publicly question the investigation and presented a photograph they said shows the victim just before he was hit.
The Virginia Beach commonwealth's attorney's office did not charge the driver with criminal conduct in the death of Michael Knockett, 52, who was sleeping in a beach chair around 8 a.m. June 28.
"It's just not adding up," said DeShawn Tatem, a Chesapeake pastor who was raised by Knockett. "It was broad daylight. Nothing was blocking the view. There was no reason for it to happen."
Tatem made his comments on the beach at 25th Street near where Knockett was killed. Fourteen of Knockett's friends and family members stood behind Tatem holding signs that said, "We want justice," "Is the investigation really over?" and "We are his family."
Attached to the signs were copies of a photograph of a man in jeans and a brown shirt partially covered in a blue blanket sleeping in a colorful beach chair.
Joan Veronie, a 57-year-old tourist from Topeka, Kan., who was on a morning walk with her sister, took the photo minutes before Knockett was killed.
"We just walked along the beach and clicked pictures," she said when reached at home Monday night. "We take pictures of everything. It was just kind of unusual that he was sitting there in the chair with the blanket."
Veronie said the picture was taken at 7:56 a.m., according to her digital camera.
Police said the first call for the accident came at 8:03 a.m.
Veronie's sister, Linda Selbach, 58, also took a picture of the man in the chair.
"We liked his bright blanket and his striped chair," she said.
City officials said last week that Knockett was seated in a "depressed" area of the beach, a claim the photograph doesn't appear to support.
Commonwealth's Attorney Harvey Bryant said in an interview last week that the driver didn't see Knockett. He said she was looking at trash cans and two city workers walking alongside the truck and that she hit Knockett when she turned to the right to inspect a cooler to see if it was trash.
Officials have not named the driver.
"It's a shame," Bryant said. "It's a tragedy, but I would have come to the same conclusion if the person in that chair were Will Sessoms." Sessoms is the mayor of Virginia Beach.
In the news release from Bryant's office that announced the driver would not be charged, he said, "The law requires specific elements which must be met before criminal charges should be brought. Criminal cases must be proved beyond a reasonable doubt. Negligence is not a crime, although it may be the basis for civil liability... Whether civil liability exists is not something my office determines..."
Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com

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homeless man's family wanting to sue???please....
if the family cared about this member so much, why was he homeless? now that they think there is an opportunity they are all gung ho about suing the city??? what a poor excuse for a supposed caring family, if he was taken in then they wouldn't have to bother about suing and they would still have the family member that they claim they love so much.
Warner Athey
The attitude of Virginia Beach City employees really makes you angry. They think that just because they work for the city, they can run right over people and no one will do anything about it.
Family?
So this man has this many local family members and he was STILL homeless? And THEY are outraged?!? Where were they when this man was forced to sleep on the beach. Wow, with family like that, who needs enemies?
Although the driver of that trash truck def. needs to be charged with a crime, especially after that tourist's picture was revealed.
See who;
the driver must have been so distracted that he/she did not see a man sleeping on an uninhabited beach. The trash bags are way off to the right and thus the driver was even heading in the wrong direction. Has anyone checked to see if there was a cell phone involved, conversations with other men with him, or any other reasons for not paying attention to the task at hand. It tries the imagination that one sitting so high up, with a clear view of the vista could not see a lone figure in front of him. It matters not that Mr. Knocket chose this life, he is still a human being and thus is entitled to respect and privacy. It seems to me, that this is murder pure and simple.
Sleeping
Maybe the driver was sleeping also. Has anyone considered that possibility? Or maybe she just didn't care where she was going or who got in the way.
See who;
the driver must have been so distracted that he/she did not see a man sleeping on an uninhabited beach. The trash bags are way off to the right and thus the driver was even heading in the wrong direction. Has anyone checked to see if there was a cell phone involved, conversations with other men with him, or any other reasons for not paying attention to the task at hand. It tries the imagination that one sitting so high up, with a clear view of the vista could not see a lone figure in front of him. It matters not that Mr. Knocket chose this life, he is still a human being and thus is entitled to respect and privacy. It seems to me, that this is murder pure and simple.
idiots
I have not read all 157 comments to the story, but everyone is missing one vital point. Why is the family upset? The man was homeless. Apparently they wern't to concerned before he was killed. Stop trying to get money from the city to support your own habits.
Upset?
Why are you even upset. The guy was on the beach at 8AM. This was not in the middle of the night. He had every right to be there. If he was homeless or owned a hotel is irrelevant.
homeless man hit/killed by city vehicle at VB oceanfront
I'm willing to bet everything in my wallet right now that "distracted driving" (cellphone call/texting) was a factor, if not the cause, of this mans death...has anyone checked the vehicle drivers cellphone records for that morning to see if a phone was in use at the time?
careless driving
i thought ther were laws in va which made a driver responsible for looking where he or she is going.
at the trash truck drivers reported top speed and given the sight conditions reported she should have been able to see the man on the beach for at least 45 seconds what was she doing that she couldn't look where she was going for that long.
A QUICK SEARCH OF THE VA DRIVING LAWS SHOUL REVEAL A NUMBER OF LAWS UNDER WHICH SHE SHOULD BE CHARDED.
IF A TOURISTS HAD BEEN RUN OVER WOULD THE VE BEACH PROSECUTORS OFFICE HAVE BEEN SO QUICK TO FAIL TO PROCESS CHARGES.I THINK NOT.
SIGN ME DISGUSTD.