Chain | Cohn | Clark responds to Kern County DA’s office decision to not file charges in wrongful death case

The attorneys at Chain | Cohn | Clark responded to the recent decision by the Kern County District Attorney’s Office to not pursue criminal charges against the deputy involved in the fatal crash in Bakersfield that killed motorcyclist Larry Maharrey.

Chain | Cohn | Clark has filed a wrongful death claim related to the crash. On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. And the California Highway Patrol Multidisciplinary Accident Investigation Team suggested a vehicular manslaughter charge against Gomez.

The widow of Larry Maharrey, Paula Maharrey, as well as Chain | Cohn | Clark attorney Matthew Clark, shared their statements with local media regarding the District Attorney’s Office decision to not file charges against Sgt. Gomez in the fatal crash:

PAULA MAHARREY, WIDOW

“I’m very disappointed by the District Attorney’s refusal to prosecute Sgt. Gomez. My family is upset by the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern. It appears that one county agency is defending another, and it screams of a conflict of interest. We wish that an independent investigating agency such as the state Attorney General’s Office would look into this matter. We are also saddened by the fact that the needless loss of my husband’s life will do nothing to discourage this kind of reckless driving in the future.”

MATTHEW CLARK, ATTORNEY

“I, like my clients, are very disappointed in the Office of the District Attorney’s decision not to prosecute Sgt. Gomez. We’ve had four innocent lives lost in the county in the last four years due to the reckless driving exhibited by some employees of Kern County Sheriff’s Department. This is the most offensive kind of loss of life in light of the fact that people are being killed by those very officers who have taken on a duty to protect them.

“In an approximately 250-page report, the CHP Multidisciplinary Accident Investigation Team concluded that Sgt. Gomez’s conduct substantiated a violation of California Penal Code Section 192 (c) (2) – Misdemeanor Vehicular Manslaughter. The District Attorney’s decision not to prosecute appears to be in conflict of interest given the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern.

Without question, Sgt. Gomez conduct in this case was in violation of Kern County Sheriff’s Office policy regarding emergency driving in that he failed to pre-clear the lanes of the intersection. His failure to do so killed Larry Maharrey. The failure to prosecute sends the wrong message to law enforcement, suggesting that they are above the law.”

MEDIA COVERAGE

• No charges in fatal collision involving KCSO sergeant (The Bakersfield Californian)
• Kern County D.A. says no charges against deputy in deadly crash (KBAK-29/KBFX-58, CBS/FOX, BakersfieldNow.com)
• No charges for KCSO Sergeant involved in fatal motorcycle crash (KGET-17, NBC)

PREVIOUS MEDIA COVERAGE

• Claim filed against county in connection with fatal crash involving deputy (The Bakersfield Californian)
• Family of man who died when his motorcycle hit a deputy patrol car has filed a wrongful death claim (KGET 17, NBC)
• Kern County faces wrongful death claim in deputy crash (KBAK-KBFX 29-58, CBS-FOX)
• Attorneys release video of fatal crash between KCSO deputy and motorcyclist (KERO 23, ABC)