Friday, April 24, 2009

Officer Martray Proctor Charged with Manslaughter


Charlotte-Mecklenburg police Officer Martray Proctor was charged Thursday with involuntary manslaughter in the wreck last month that killed a 20-year-old woman.

Proctor, 24, turned himself in just after noon and was fingerprinted, photographed and released on $10,000 bond.

Proctor's attorney George Laughrun wouldn't discuss the case, but said: “We are going to plead not guilty – absolutely not guilty – to involuntary manslaughter.”

Involuntary manslaughter is punishable by 10 months to nearly five years in prison, and is generally defined an unintentional killing stemming from recklessness, negligence or an unlawful act.

Shatona Robinson was a popular cafe worker at The Pines retirement home in Davidson, where residents recalled her compassion and sunny nature.

Her cousin Crystal Robinson said she thinks the charge is fair. She'd feared Proctor might not be prosecuted.

“I was surprised and relieved they're actually taking care of it,” said Robinson, 29. “They're doing something about it and letting the officers know it's not OK for you to go out and speed and do what you want to do.”

Proctor, who has been cited three times for speeding in North Carolina, was driving his patrol car on Old Statesville Road on March 29 and collided with a 1991 Ford Escort. Robinson, the driver of the Escort, died at the scene. Three passengers in her car and Proctor were injured.

Proctor was en route to assist another officer who had made a routine traffic stop. Police Chief Rodney Monroe said Proctor was driving over 90mph with the siren off. The speed limit on that part of Old Statesville Road is 45.

Investigators said they received conflicting statements on whether Proctor had his emergency blue lights on. But police said an in-car camera that starts automatically when the blue lights come on never activated.

N.C. law and department rules require that officers obey posted speed limits unless their vehicle's blue lights and siren are activated.

Proctor has been on paid leave as police do an internal investigation into the wreck.

“This is a most tragic incident for both the Robinson family and the Proctor family, who, along with their friends and relatives, have been impacted the most,” police said in a statement Thursday.

Police and prosecutors on Thursday didn't have statistics on how many times officers have been involved in fatal wrecks. But they recalled only two other cases in which officers were charged in several decades.

District Attorney Peter Gilchrist declined to comment on the case against Proctor.

“We do not discuss the facts in pending cases,” he said.

Proctor has been ticketed for speeding three times, according to court records, twice before he became an officer.

In June 2007, he was stopped in Cleveland County and accused of driving 63 mph in a 35 mph zone, according to court records. The charge was later reduced to driving 44 mph in a 35mph zone and a clerk waived the case, documents show.

In October 2005, authorities in Gaston County stopped Proctor for driving 86 mph in a 60 mph zone, according to court documents. The charge was later reduced to 74 mph in a 60 mph zone. Proctor received a prayer for judgment, which typically means the driver admits to an infraction, but does not receive points on their driver's license. Proctor paid $110 in court costs, records show

In the third case, Proctor was cited for driving 30 mph in a 20 mph zone in 2003 in Cleveland County, records show. He paid a fine and court costs, records show.

Proctor, who works in the department's north division, has not had any complaints lodged against him and has never been disciplined by his superiors since becoming an officer, officials said.

CMPD said it conducted a background check on Proctor in February 2007 and hired him the next month.

The department looks into the driving histories of all prospective officers during background searches, officials said. A history of speeding tickets does not automatically disqualify a candidate from becoming an officer. But offenses such as driving while impaired, negligent accidents, incidents of road rage and recent violations could disqualify a job candidate, they said.

Sworn officers are not required to inform the department of speeding tickets they get on their own time. If their license is suspended or revoked or if they are cited for a crime more serious than speeding, such as drunken driving, they must inform the department.

On Thursday, Crystal Robinson said the family hasn't heard from Proctor.

“We forgive him, but it's hard to forget,” she said. “You have to believe in God – that's the only way. If you didn't you'd be angry forever.”

__________________________


No comments: