The family of a Finksburg man who died in a 2006 collision with a Maryland State Police trooper on Md. 140 has asked the governor to remove the trooper from the state police force after an alleged incident with the dead man’s brother Sunday.
A lawyer for Joseph Blizzard, whose brother Randy Rakes died after being struck by trooper Dale Derr’s patrol car while he was walking across Md. 140 in November 2006, has asked Gov. Martin O’Malley to terminate Derr after Derr allegedly confronted Blizzard after he’d been arrested Sunday.
According to the letter to O’Malley from lawyer David Ellin, who represents Rakes’ family, Derr responded to the scene where Blizzard was being detained by other troopers, then verbally and physically confronted Blizzard before throwing him to the ground, allegedly breaking Blizzard’s thumb.
Blizzard’s arrest involved allegations of forging checks, Ellin said.
Randy Rakes’ death is the subject of a $15.8 million wrongful death suit between the family and the state police.
State police have received the complaint and are investigating the allegations, said spokesman Greg Shipley.
The agency will thoroughly investigate the complaint and, if warranted, take appropriate action, he said.
In a phone interview Thursday, Ellin said that because of the nature of the allegations and the history of the case, Derr should be suspended pending the outcome of the investigation.
No charges were filed against Derr in the Nov. 29, 2006, incident that resulted in Rakes’ death.
A report by the state police crash team determined Derr was driving 83 mph when he struck Rakes on Md. 140 near the intersection of Sandymount Road.
State police initially said Derr was on his way to back up another trooper on a call, but Derr told investigators he’d finished his shift and was on his way back to the Westminster barrack to turn in paperwork when the crash occurred.
Rakes had been drinking the night of the incident, according to the report.
Prosecutors decided in May 2007 there wasn’t enough information to prove beyond a reasonable doubt that Derr’s speed was the cause of the collision, said Kirsten Brown of the Frederick County State’s Attorney’s Office, who handled the case.
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