Jason Cokinos never would have imagined the magic powers of a police uniform. Not only did it make him look dashing, but it saved him a bundle. Via Turley :
Montgomery County police officer Jason Cokinos is back walking the beat after hitting and paralyzing 14-year-old Luis Jovel Jr. Cokinos was speeding to his off-duty job when he hit Jovel and received only a $185 speeding ticket.
Jovel Jr. was left a quadriplegic with permanent brain damage requiring around-the-clock medical care. The police refuse to say what discipline Cokinos received for the accident, citing state privacy laws.The case involved a curious legal argument. Cokinos was traveling at 56 miles an hour in a 30-mile-an-hour zone when he hit Jovel — and a police investigation found that had Cokinos not been speeding, he would not have hit Jovel.
Before the punch line, note that Cokinos was off duty speeding to his second job. As I’ve noted many times in the past, the nature of police shifts means that almost every cop worked a second job. Cokinos was no exception, and it provided an unanticipated benefit.
A Montgomery County District Court judge, however, found Cokinos not guilty of negligent driving or contributing to an accident.
The family was limited to $200,000 per case by a state law — a ridiculously low cap in such cases. They were told that they could not seek more in the case (absent a settlement) because (even though he was off-duty traveling to an off-duty job) he was in his police cruiser and wearing his uniform.
Sweet for Cokinos. Less sweet for 14 year old Jovel, brain damaged, quadriplegic and incapable of paying for the care he will need for the rest of his life.
Accidents happen. Let’s supposed that Cokinos’ $185 ticket was special because he’s a cop. It could happen. But then, at least the kid he ran down would have redress against the negligent driver to cover the cost of his care. It’s bad enough he’s brain damaged and a quad, but does he have to be hungry too?
But having been in uniform and driving a cruiser, Cokinos gets a free ride. What’s interesting is that he wasn’t serving and protecting, but driving to his private gig in public wheels. He didn’t put on his Dairy Queen hat, but his police officer hat. And so he gets to speed without fear, without concern. Run those kids down with impunity, as long as the Chief lets you drive the cruiser to the side job.
Lt. Paul Starks, spokesman for Montgomery police insisted that the limit on liability was appropriate because “[i]f you are in the [cruiser] you are not considered off duty.”
There’s a solution to this problem that would likely have worked for all involved, including the people who were paying for the cruisers for cops to drive to their second jobs while speeding and running down 14 year olds. It would have better served all interests. Except Cokinos’.
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I have just expanded my policy on “if you kill someone due to negligence while driving you never get to operate a motor vehicle policy again” to “that also includes you, officer Cokinos.”
The liability limitation doesn’t even make sense for on-duty cops. At the very most the state should insure their employees while they’re on duty, because we expect cops to drive dangerously at times in order to do the jobs we ask them to do. But someone (i.e. the state) should still be liable, even if the officer isn’t.
I may be confusing this with another event, but it seems that this kid was awarded 400,000. Was there something else along with this?
And people wonder why I have basically zero respect for the badge.
I can’t figure out how you have any respect for anyone in the legal system!