Tuesday, July 13, 2010

Virginia Beach officials refuse to release 911 tape, make puzzling statements in man's death

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On June 28, a homeless man, Michael Knockett, 52, who was sleeping on the beach, was run over by a Virginia Beach city dump truck. The truck’s crew was emptying trash cans along the beach, as they do every morning.

This week, the Virginian-Pilot filed a Freedom of Information Act request with the city of Virginia Beach to obtain the taped 911 call, which the dump truck driver placed, after running over the man.

On Thursday, that request was denied. City officials said that because the call is part of a “criminal investigative file,” they do not have to release the recording.

While the law allows government officials to keep information in such files private, just last week, Commonwealth's Attorney Harvey Bryant announced that no criminal conduct was involved in the fatality and the driver would not be charged, explaining that she simply didn't see Knockett before running him over.

A few days after Knockett was killed, Bryant’s office released the following statement: “The law requires specific elements which must be met before criminal charges should be brought. Criminal cases must be proved beyond a reasonable doubt. Negligence is not a crime, although it may be the basis for civil liability... Whether civil liability exists is not something my office determines...”

According to police, alcohol, drugs and cell phone use have all been ruled out as contributing factors in the tragic accident…So, why is the 911 call part of a “criminal investigative file?”

Immediately following the deadly incident, Deputy City Manager Dave Hansen told the press that Knockett had been sleeping in a “depressed area,” and the truck driver could not see him.

Hansen’s statement gave the impression that Knockett was lying in a pit, or was lying flat on the ground, making it difficult for the driver to have seen him.

However, a few days ago, a photo surfaced which was taken by a tourist visiting Virginia Beach, and clearly showed the man sitting on a flat part of the beach in a chair, covered in a bright blue blanket. The photo was taken, just minutes before his death.

The image captured by Joan Veronie of Topeka, KS, told a much different story of the circumstances leading up to the tragic accident, from the one told by city officials.

Once the press published the photo, Hansen apologized for his previous statement.

The way the city continues to handle the death of Michael Knockett, leads to more questions than answers.


 

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