New documents reveal how fast CPD officer was going before fatally running over 4-year-old
COLUMBIA, Mo. (KMIZ)
A second probable cause statement filed Wednesday says a Columbia Police Department officer was driving about 14 miles per hour before she struck and killed a 4-year-old girl outside Battle High School.
CPD officer Andria Heese is accused of first-degree involuntary manslaughter in the death of 4-year-old Gabriella Curry. Heese ran Curry over in her patrol SUV on Jan. 4, 2019.
A hearing was held in Heese's case Thursday in which she asked a judge to dismiss the case.
Heese was charged with Curry's death nearly a year after the crash. She was taken to the hospital where she was later pronounced dead.
A complaint filed in the case accuses Heese of driving on a sidewalk at Battle High School and running over Curry. It said the officer entered "an area typically used by pedestrians at a speed and coming from an angle which prevented her from avoiding" Curry.
In the second probable cause statement filed Wednesday, Missouri State Highway Patrol Trooper Paul Meyers says it was unlikely Heese saw Curry based on the angle of approach, blind spot testing and video analysis. He said Heese had the opportunity to see Curry for about 22 feet.
Meyers ended the statement saying Heese routinely performed her duties in the area, and should have known of the potential for pedestrian traffic. He believes she should have slowed her speed so she had enough time to react to any pedestrian.
Heese's attorney Donald Weaver filed a motion to dismiss the case on Feb. 10. He argued in court Thursday that it was a "tragic accident," but said Heese did not act recklessly, saying it would have been almost impossible to see the child.
Weaver also argues witnesses told officers Heese wasn't speeding and police usually park their vehicles on the sidewalk.
The special prosecuting attorney from Camden County, Heather Miller, argued the area where Heese parked was a multiuse area, often used by police to park and by pedestrians. She claims Heese was going too fast, knowing there could have been pedestrians or children there.
Judge Kimberly Shaw took the motion under advisement. She said she will make a decision by Heese's next court date, which is set for April 15.
Miller said she would not comment on the ongoing case. ABC 17 News has reached out to Weaver for a comment, but he was not immediately available.
The city of Columbia's insurer paid Curry's family $3.4 million to settle a wrongful death lawsuit. The family also received $125,000 from Columbia Public Schools to settle claims.
Check back for more on this, and watch ABC17 News at 5 and 6 for a full report.
