Virginia Beach examines driver's record, Facebook postings

VIRGINIA BEACH

The city trash truck driver who ran over and killed a homeless man sleeping on the beach in June had a series of driving violations that the city now says it’s examining.

Between 2004 and 2008, Heather Boyd was ticketed at least eight times, according to Virginia Beach and Chesapeake court records. Boyd had at least four violations on her record when she was hired as a driver by the city in 2007. The city says it monitors the records of its drivers after they are hired and warns department heads if violations pile up.

In the months leading up to the June 28 accident, Boyd used a wireless mobile device to post messages to her Facebook page while at work, often complaining about being tired.

The city is aware of the driving violations and Facebook postings and is looking at those issues as part of its review of the incident, Deputy City Manager Dave Hansen said.

Boyd, 30, ran over Michael Knockett, 52, while he was sleeping in a chair on the beach at 25th Street at about 8 a.m. No charges were filed against her. City officials determined Boyd didn’t see him and that she was driving at 2 to 3 mph.

Police and Commonwealth’s Attorney Harvey Bryant ruled out alcohol, drugs and cell phone use as factors. Boyd hit Knockett while turning the truck to look down at a cooler on the beach to see whether it was trash, an investigation found.

The day of the accident Hansen said Knockett was sitting in a “depressed area” of the beach. However, a photo snapped by a tourist moments before Knockett was hit showed him sitting in colorful chair wrapped in a blue blanket on a flat part of the beach. Police confirmed that the person was Knockett, and Hansen backtracked on his initial comment.

Boyd called 911 to report the accident. The city has refused to release the 911 tape, calling it part of a “criminal investigative file,” even though Bryant said no criminal charges will be filed.

A spot background check of 20 public works drivers with the same job title as Boyd showed no other drivers with similar records.

Boyd’s violations include speeding, a reckless driving charge reduced to improper driving, ignoring a red light and a highway sign and following too closely. Of her four speed-related tickets, two were for going more than 20 miles an hour over the speed limit and two were for speeding in a 25 mile-an-hour zone. Boyd was found guilty on seven of the eight violations. One was dismissed.

In addition to moving violations, Boyd had also been cited six times for not having her car inspection or registration up to date, including two police stops in March. Those charges were dismissed after court appearances.

Phone calls to Boyd were not returned, and the city has not made her available for an interview.

Boyd is still working for the city but is not driving, Hansen said.

Before the city hires a truck driver , officials check to make sure the person has a valid commercial driver’s license, Hansen said. After the person is hired, the city monitors his or her driving record annually, he said. If a driver reaches eight demerit points as compiled by the state Department of Motor Vehicles, human resources sends a “letter of concern” to department directors.

Hansen would not say whether Boyd’s record resulted in a warning letter. He said, “I’m reasonably confident that we’ve adhered to our existing policies and current practices.”

Because personal driving records are not open to public inspection, it’s unclear exactly how many demerit points Boyd has accumulated. The city and state won’t release that information.

Boyd’s last three violations – two speeding and an improper control ticket in an 11-month period – are equivalent to 15 demerit points, but drivers can get points reduced by taking driving classes, and most violations are wiped from the record after a certain amount of time.

Drivers’ licenses are suspended if they accumulate 18 points in 12 months or 24 points in 24 months, said Melanie Stokes, a DMV spokeswoman.

Boyd has posted messages on her Facebook page from a wireless mobile device while at work. Beach trash truck drivers work 5:30 a.m. to 1:30 p.m. on weekdays.

“Only slept 2 hours in 3 days…Was on the phone till 5 a.m. now im at work,” she posted at 8:22 a.m. Feb. 5.

“At work…Ready to go home already n go back ta sleep. Tryna stay awake… Bored…” she wrote at 6:15 a.m. March 30.

She did not post a message to Facebook on June 28, the day of the accident. Her last posting was June 4.

City policy prohibits using wireless mobile devices while driving, but officials don’t know if the postings happened while Boyd was driving, Hansen said. He said she could have posted messages on break, during lunch, or while the truck was idling.

“I can’t tell you if that use was done in violation of city policy,” he said.

Hansen said the city is being careful about releasing information because they’ve been contacted by a lawyer hired by Knockett’s family and expect a lawsuit to be filed.

“We have retained an attorney,” said DeShawn Tatem, who was raised by Knockett and is the family’s spokesperson. “This is the only reasonable option we have left.”

Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com