The Virginian-Pilot
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VIRGINIA BEACH
A top city official apologized Wednesday for last week's accident in which a city trash truck driver ran over and killed a homeless man who was sleeping in a chair on the beach.
"We are extremely apologetic for this occurrence," said Dave Hansen, a deputy city manager who supervises the Public Works Department. "It was a very unfortunate and terrible tragedy. Our condolences are certainly going out to the family."
Michael Knockett, 52, was killed at around 8 a.m. June 28 on the beach at 25th Street as city trash crews emptied garbage cans on the beach.
Commonwealth's Attorney Harvey Bryant did not charge the truck driver, whom police have not publicly named. Bryant said the driver didn't see Knockett. Police checked the driver's cell phone records and said she was not using her cell phone when she hit him. They also said speed, alcohol and drugs were not factors.
"To me, when he says he's sorry, he means the city should've taken better care," said DeShawn Tatem, a Chesapeake pastor who was raised by Knockett. "I wouldn't apologize for something that isn't my fault. It means a great deal. We were waiting for someone to speak out. We appreciate the apology."
Knockett's funeral is today. The city is paying for it, Hansen said.
Hansen also backtracked from a comment he made hours after the accident that Knockett had been sitting in a "depressed area" of the beach. A snapshot of Knockett, taken by a tourist shortly before he died, showed the ground was relatively flat. The photo surfaced Monday when Knockett's family members went to the site of the accident to call for further investigation and brought copies of it. Police confirmed Wednesday that the person in the photo was Knockett.
"It didn't look very depressed to me, either," Hansen said of the photo. He said his comments were based on an "initial response from feedback from people at the beach. Accuracy wasn't a premium at that point."
Bryant said the picture is irrelevant to his decision to not charge the driver.
"It doesn't change anything at all," he said. "No judge would convict if we were to present the facts we have of what happened on the beach. Not everything that happens in life results in a criminal charge - or should."
Bryant said he would have to prove a "callous reckless disregard for human life" to successfully prosecute. After being alerted that she had hit a person on the beach, the driver called 911 and administered CPR, he said.
The city has launched an internal investigation into the incident, Hansen said.
The driver is back at work but is not driving, said Drew Lankford, Public Works spokesman.
Workers are installing school-bus-style mirrors on the front of the trash trucks and requiring the two laborers who empty garbage cans into the truck to ride in the cab between stops to look for people on the beach.
The city also has moved the beach trash cans about 30 feet toward the boardwalk to give beachgoers more room near the water during morning trash pick up.
Aaron Applegate, (757) 222-5122, aaron.applegate@ pilotonline.com
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What lunacy!
Can't for the life of me see how this could have happened unless the driver was compromised. Why didn't the two other employees see this man? How can there possibly be no charges filed? Too bad this was a homeless man. A person of notoriety, money and/or influence would turn this story right side up!
It may be "mental wellness"
It may be "mental wellness" that makes people not want to participate in our current society. It's really not so great. But again, you must be wary of your surroundings when sleeping outdoors.
on the advise of "my" attorney .......
The city is in a scenario that if any city official speaking for the city gives an apology to the family then the city's "guilt" liability from civil suit goes way up. And if the city does not respond then the city council and manager looks very cold hearted.
The city attorney should have been the person speaking and crafted an apology that shows compassion for the loss but does not accept blame because of a probably civil suit.
For those calling for prosecution of the garbage truck driver - WHY? The laws of the road are not applicable because the driver was not driving on the beach. Unless something comes up from all the attention, the commonwealth attorney and police have agreed no crime was committed. There was not reckless disregard or operating the truck while drunk or drugged or distracted with a cell phone. So, again, WHY seek legal punishment for a horrible accident?
Take Advantage
Although this is a tragic incident it will become more tragic. At least one writer has brought race into it. I mean what event isn't clouded by racial claims.....And then there's the traumatized relatives and friends who will certainly try to get a settlement for their suffering. Mind you these same victims who claim to care for the victim didn't seem to care enough to let him live with them.
Consider this
According to the table of uniform penalties for Virginia:
Running into the back of another car that you didn’t see: $30 fine
Running a red light that you didn’t see: $100
Running a stop sign that you didn’t see: $30
Running faster than the posted speed that you didn’t see: $5 per mph over
Running into and killing a cyclist or pedestrian that you didn’t see: FREE!!!
Good luck trying to convince a traffic court judge of your innocence because you didn't see something.
Drivers see what we expect them to see.
There ought to be a (careless driving) law.
Oh, and don't litter (up to $250 and 1 yr in jail)
If...
he was complying with the law he wouldn't have been run over. While it is regrettable he died the City shouldn't be "apologizing" for anything. Furthermore, if his family was so concerned for his welfare he wouldn't be homeless to begin with. DUH!
How many does it take
Here is the latest riddle:
How many Va. Beach employees does it take to drive a truck safely on a Beach..
Now it takes 2. Taxes will probably go up to pay for the shotgun rider.
Man killed on beach.
Is it ok to kill someone with your car because you can't be bothered to pay attention? This sounds similar to the incident last year when a bicyclist was killed on Shore Dr. and no charges were filed because the driver said they "didn't see him".
I think that when you get a drivers licens you get the right to drive but you also get the obligation to drive safely. I think this includes paying attention to what is in front of and around your vehicle. It seems to me that if you kill someone with your car/truck/suv because you arn't looking then you have done something wrong and there should be some charge brought against you.
The prosecutors in Hampton Roads seem unwilling to punish these people for killing others. As these drivers next potential victim, I would like to see something done to punish this behavior. Take away these peoples ability to end another life by thier carlesness, take away thier right to drive - they have proven by the death of another human that they don't take the responsibility of driving safely seriously. Doing this would send a message to other drivers that they are resposible for driving safely. Not doing it sends a message that it is ok to kill another h
its strange isnt it
we live in a culture where the individual while demanding to be forgiven for their mistakes just as quickly expects perfection from others. after all the individual is only human but perfection is the minimum standard for others...
Though this seems odd, I
Though this seems odd, I really don't think the driver did this on purpose or with callous disregard. Sometimes, senseless accidents do happen. The truck driver, tested negative for drugs or alcohol and no texting. Imagine having to live with that. There are senseless things that happen in the world and no amount of litigation or anger will undo it. It just happens.