SPRINGFIELD, Tenn. (WTVF) — It is a question of responsibility. If a loved one is hit and killed by a Tennessee State Trooper should the family be compensated?
The surprising answer is no in a horrible case that claimed the life of an innocent man's life.
A trooper — while on duty — is accused of driving recklessly and colliding with another car killing an innocent man.
You may think his family should be compensated, but in this case the state says no.
"Outrageous ... outrageous," said Clint Kelly, attorney for the widow.
The fatal wreck happened in November of 2022 in Springfield. Trooper Curtis Davenport was in a high speed chase when he collided with Jerry Terry's SUV preparing to make a turn.
Terry, 62, died at the scene. At the time, it was unclear who was at fault.
"I don't know if each driver did not see the other driver," said another trooper on scene.
The THP investigation found Davenport was not under the influence.
His lights and sirens were activated, but he entered the intersection on a red light at a high speed. Davenport is now charged with vehicular homicide by reckless driving.
Jerry's wife Nichelle was devastated.
"Jerry was the type of man he respects and honors police and troopers," she said. "Jerry would get out of the way."
You would think the widow might be eligible for compensation from the state.
Not in this case.
The Tennessee Attorney General says under the law: "The state is not liable for willful, malicious or criminal acts by state employees."
Since Davenport is charged with a crime the widow gets nothing.
"In a nutshell, the state trooper kills widow's husband in pursuit of a suspect. The state decides to prosecute the trooper for vehicular homicide for doing his job and uses the prosecution to screw the widow," said Kelly.
Kelly believes the law should protect the state from paying if a trooper willfully commits a crime.
But he said this was a tragic accident with no intent.
Kelly will take the case to the state's compensation commissioner hoping for a decision siding with the widow.
Typically, the maximum amount a family can get from the state in compensation is $300,000.
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