Police Officer Faces Charges for Viper Crash

[Bobpantax]

News
Breaking Local News from New Jersey
North Brunswick police lieutenant faces more charges in fatal Viper crash

by Tom Haydon/The Star-Ledger Tuesday July 07, 2009, 4:20 PM


NORTH BRUNSWICK -- A North Brunswick police lieutenant has been indicted on official misconduct charges from a fatal car crash last year while he was on duty that took the life of a fellow lieutenant.
Keith Buckley, 41, faces two counts of official misconduct in the Aug. 12 accident in which he lost control of a rented 2006 Dodge Viper and crashed into a utility pole on Route 130, killing Lt. Christopher Zerby, 41.

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JOHN O'BOYLE/THE STAR-LEDGER Defense attorney Robert Gluck, left, looks on as his client North Brunswick Police Lt. Keith Buckley is arraigned in September on a charge of vehicular homicide for Aug. 12 accident when he crashed in a rented Viper, and passenger and fellow officer Lt. Christopher Zerby was killed.

Buckley is accused of exceeding the speed limit and endangering the public.
"He was breaking the very law he was paid to enforce and endangering the public he was paid to protect," Middlesex County Assistant Prosecutor Nicholas Sewitch said.
Robert Gluck, the New Brunswick attorney representing Buckley, said his client contends he is innocent of all charges. .
"As I had previously said, this was an accident, not a crime, and that extends to the official misconduct," Gluck said.
Also, although both lieutenants were on duty, they had taken off their handguns and cuffs before getting the car, according to the indictment. Buckley was "thereby rendering himself unable to perform all of his duties as an on-duty officer," the indictment states.
Buckley was previously indicted in November on one count of vehicular homicide.
Sewitch today said authorities had previously considered misconduct charges, but required more time for research and investigation before bringing the evidence to a grand jury.

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PATTI SAPONE/THE STAR-LEDGERThe rented Dodge Viper crashed on Route 130 in North Brunswick.
Authorities said the officers were on lunch break but remained on duty when Buckley met Zerby at police headquarters and offered him a ride in the Viper, an expensive sports car. According to its manufacturer, a Viper accelerates from zero to 60 mph in less than four seconds.
Investigators allege Buckley was traveling about 94 mph at the time for the crash. He had been suspended with pay since the accident.

 

[jdeft1]

I was wondering when we'd hear more about this incident..... Thanks for posting.

 

[black mamba1]

Any company renting a Dodge Viper is nuts. A 510 hp sports car with brutal torque, no traction control, no ESP like the Vettes, Ferrari's and even like the Lambo's have...a car like this in the rental environment is a crazy idea. I DO NOT want to be on the highway with anyone in a rented Viper.

I would not be surprised to see the company renting the Viper named in a civil suit.

 

[J&R3xV10]

Thats a damned shame on many levels.

1. A Viper got wrecked
2. A person was killed
3. A cop was breaking the law
4. He gets suspended WITH pay

 

[V10SpeedLuvr]

I remember this story, but never heard why he was in a rented Viper when on duty. Wouldn't it make more sense to rent it on your day off? Or am I missing some important details here?

 

[Fatboy 18]

Very sad news which ever way you cut it

 

[cyaford]

I remember this story, but never heard why he was in a rented Viper when on duty. Wouldn't it make more sense to rent it on your day off? Or am I missing some important details here?

Would you rather get paid to work, or get paid to flog a rented Viper around?

 

[black mamba1]

Thats a damned shame on many levels.

1. A Viper got wrecked
2. A person was killed
3. A cop was breaking the law
4. He gets suspended WITH pay

And it took a year for the indictment. If he wasnt a cop he would have been arrested in a day or two. You can look at the crash site and tell this guy was driving wayyy over the legal limit.

 

[black mamba1]

But hey, here in Charlotte a football player killed a guy while he was drunk driving. He got a 30 day suspended sentence.

That is why I hate to be out driving past 11 pm. Thats when most of the drunk drivers are out...some with multiple drunk driving convictions...but still driving.

 

[Viperless]

I can't believe that a police officer sworn to uphold the law would ever commit ANY crime, especially the same offense that he's likely written many citations to other people for. I'm stunned.

I just love the fact that he gets suspended WITH pay.

 

[J&R3xV10]

But hey, here in Charlotte a football player killed a guy while he was drunk driving. He got a 30 day suspended sentence.

That is why I hate to be out driving past 11 pm. Thats when most of the drunk drivers are out...some with multiple drunk driving convictions...but still driving.

Here the drunks are out anytime after 11am... well 24/7 really. No last call and a baron every corner and a liquer store across the street. Plus we have A LOT of dream car rental places that all have Vipers.

 

[Chuck 98 RT/10]

Any company renting a Dodge Viper is nuts. A 510 hp sports car with brutal torque, no traction control, no ESP like the Vettes, Ferrari's and even like the Lambo's have...a car like this in the rental environment is a crazy idea. I DO NOT want to be on the highway with anyone in a rented Viper.

I would not be surprised to see the company renting the Viper named in a civil suit.

Yeah, those ESP Vettes and nanny exotics never have any accidents.

 

[1BADGTS]

Here in NJ many friends and family of mine are cops and Troopers as sad as this is iam suprised it does not happen more often as every one of them i know drives without any regard what so ever for ANY TRAFFIC LAWS .(

 

[Bobpantax]

I think I will reserve judgment until more of the facts are disclosed. I am sure that the defendant is devastated by the fact that his friend and colleague was killed while he was driving. Was he speeding? Obviously. Should he have known better? Even more obviously. Did any kind of equipment failure, or other unanticipated intervening event, contribute to the crash? I do not know. Does New Jersey law allow a vehicular homicide charge merely on a death caused by loss of control without any other wreckless or intentional element to the crime while speeding? I do not know. Does it matter that the passenger was a police lieutenant and well aware of the rsik? I do not know. On the other hand, this case, at least on the surface, seems alot like the case of Hulk Hogan's son over in Tampa Florida ( although that passenger was not killed at the scene) and probably will end up with a similar result.

 

[1BADGTS]

I can't believe that a police officer sworn to uphold the law would ever commit ANY crime, especially the same offense that he's likely written many citations to other people for. I'm stunned.

I just love the fact that he gets suspended WITH pay.

PLEASE i know where your coming from as i posted earlyier my cousin is a NJ State Trooper. One time in one of my cars he got stopped doing over 127 in a 65 the end result being my cousin made plans with the cop that stopped him to have a beer later on in the week (as they discussed fast cars ).If that has been a civilian (besides the car getting impounded )probably looking at perminant loss of license in NJ )

 

[1BADGTS]

I think I will reserve judgment until more of the facts are disclosed. I am sure that the defendant is devastated by the fact that his friend and colleague was killed while he was driving. Was he speeding? Obviously. Should he have known better? Even more obviously. Did any kind of equipment failure, or other unanticipated intervening event, contribute to the crash? I do not know. Does New Jersey law allow a vehicular homicide charge merely on a death caused by loss of control without any other wreckless or intentional element to the crime while speeding? I do not know. Does it matter that the passenger was a police lieutenant and well aware of the rsik? I do not know. On the other hand, this case, at least on the surface, seems alot like the case of Hulk Hogan's son over in Tampa Florida ( although that passenger was not killed at the scene) and probably will end up with a similar result.

Bob if a Trooper or cop gets stopped off duty here the badge comes out before the on duty cop even gets out of the car .(In alot of cases the on duty cop just waves him to go ahead )A cop up here will never write another cop a ticket unless of coarse his job is on the line

 

[PatentLaw]

Here are the model jury instructions (and statute) that will most likely be given....

http://www.judiciary.state.nj.us/criminal/charges/homicide9a.pdf


Make your mind up for yourself as a jury member with the information that you have.

The car was rented in Allentown, NJ, near where I grew up in the central part of the state (rural). The distance between the pickup point of the car and where the accident happened is about 30 miles. Some country driving, but mostly divided highway (2 lane) with red lights every 1/10 mile. North Brunswick is fairly urban with lots of highways converging in that area.

 

[Warfang]

PLEASE i know where your coming from as i posted earlyier my cousin is a NJ State Trooper. One time in one of my cars he got stopped doing over 127 in a 65 the end result being my cousin made plans with the cop that stopped him to have a beer later on in the week (as they discussed fast cars ).If that has been a civilian (besides the car getting impounded )probably looking at perminant loss of license in NJ )

"Professional courtesy" or "officer discretion" as some badge-toting miscreants on this board would say.

I've seen cops letting each other off for far worse than just going fast. Unless someone gets killed, that little badge goes a loooong way.

There's no POSSIBLE excuse for that guy. He should be made an example of and forced to return all that money (must be nice having a corrupt union behind you).

 

[JonB]

Sad-Sad-Sad. Im with BobP ....if you want to be on the jury, you have to hear ALL the evidence first..

My guesses:
1) The rental agency gave the Police Lt. (not a 'traffic cop') a courtesy rate on a TUESDAY.
2) The cop probably signed off the duty roster for a down-time break, and stashed his gun/cuffs.
3) Rental agencies I have dealt with 'generally' want "Just a Rental" cheap-cheap parts. "LAWSUIT."
4) Old tires are often overlooked, and I have seen rentals with mis-matched tires. "LAWSUIT."
5) The rental agency probably has a high-deductible insurance, probably required Cop's Insurance.

 

[1BADGTS]

"Professional courtesy" or "officer discretion" as some badge-toting miscreants on this board would say.

I've seen cops letting each other off for far worse than just going fast. Unless someone gets killed, that little badge goes a loooong way.

There's no POSSIBLE excuse for that guy. He should be made an example of and forced to return all that money (must be nice having a corrupt union behind you).

The problem is (and i cant speak for other states )in NJ ALL the cops (on or off duty )drive like they are above the law and for the most part (unless a tragedy happens )they are.

 

[Warfang]

The problem is (and i cant speak for other states )in NJ ALL the cops (on or off duty )drive like they are above the law and for the most part (unless a tragedy happens )they are.

Many do in Cali as well.

 

[1BADGTS]

To put the whole thing in perspective a few years ago our Gov was involved in an incident in which his motorcade was forced off the road (he suffered a broken leg ).The Trouper driving him was doing in excess of 90 when he swerved to avoid someone in the lane in front of him .The motorcade was going that fast becausde they were late for a political fundraiser.

 

[Ray W]

Judge not....lest ye be judged.

A bumper sticker I saw today says it best.

" Karma spares no one "

 

[dave6666]

Gotta go with Warfang on this one.

But will add, that perfect cops are only in the movies. The rest are human and make mistakes. And then they should pay based on the same scale that everyone else pays on.

 

[TCurtner]

News
Breaking Local News from New Jersey
North Brunswick police lieutenant faces more charges in fatal Viper crash

by Tom Haydon/The Star-Ledger Tuesday July 07, 2009, 4:20 PM


NORTH BRUNSWICK -- A North Brunswick police lieutenant has been indicted on official misconduct charges from a fatal car crash last year while he was on duty that took the life of a fellow lieutenant.
Keith Buckley, 41, faces two counts of official misconduct in the Aug. 12 accident in which he lost control of a rented 2006 Dodge Viper and crashed into a utility pole on Route 130, killing Lt. Christopher Zerby, 41.

You must be registered for see images

JOHN O'BOYLE/THE STAR-LEDGER Defense attorney Robert Gluck, left, looks on as his client North Brunswick Police Lt. Keith Buckley is arraigned in September on a charge of vehicular homicide for Aug. 12 accident when he crashed in a rented Viper, and passenger and fellow officer Lt. Christopher Zerby was killed.

Buckley is accused of exceeding the speed limit and endangering the public.
"He was breaking the very law he was paid to enforce and endangering the public he was paid to protect," Middlesex County Assistant Prosecutor Nicholas Sewitch said.
Robert Gluck, the New Brunswick attorney representing Buckley, said his client contends he is innocent of all charges. .
"As I had previously said, this was an accident, not a crime, and that extends to the official misconduct," Gluck said.
Also, although both lieutenants were on duty, they had taken off their handguns and cuffs before getting the car, according to the indictment. Buckley was "thereby rendering himself unable to perform all of his duties as an on-duty officer," the indictment states.
Buckley was previously indicted in November on one count of vehicular homicide.
Sewitch today said authorities had previously considered misconduct charges, but required more time for research and investigation before bringing the evidence to a grand jury.

You must be registered for see images

PATTI SAPONE/THE STAR-LEDGERThe rented Dodge Viper crashed on Route 130 in North Brunswick.
Authorities said the officers were on lunch break but remained on duty when Buckley met Zerby at police headquarters and offered him a ride in the Viper, an expensive sports car. According to its manufacturer, a Viper accelerates from zero to 60 mph in less than four seconds.
Investigators allege Buckley was traveling about 94 mph at the time for the crash. He had been suspended with pay since the accident.

Somehow, when someone dies in a Viper (and when any Viper is wrecked), regardless of circumstances, all Viper drivers lose a little. Makes me sad. Mercy and Justice will hopefully be balanced in this case. We should pray for all involved.

 

[Bobpantax]

Here are the model jury instructions (and statute) that will most likely be given....

http://www.judiciary.state.nj.us/criminal/charges/homicide9a.pdf


Make your mind up for yourself as a jury member with the information that you have.

The car was rented in Allentown, NJ, near where I grew up in the central part of the state (rural). The distance between the pickup point of the car and where the accident happened is about 30 miles. Some country driving, but mostly divided highway (2 lane) with red lights every 1/10 mile. North Brunswick is fairly urban with lots of highways converging in that area.

Thank you PatentLaw. The jury instructions are interesting. I think that the State may have a difficult time proving wrecklessness. Police Officers are trained in high speed pursuit. It is not unusual for one to drive in excess of 90 MPH. The jury instructions also make it clear that the moving violations, if any, are not to be decided by the jury. So the defense of the case could be, among other defenses that may be available, that for a skilled police officer to drive at that speed may be a violation of the law but it was not wreckless on the part of the Defendant. Of course the State will argue that the Officer, more than a civilian, should have known that driving a car in which he had zero seat time prior to the outing involved at speeds in excess of 90 MPH was a wreckless endeavor.

 

[gen2lover]

Any company renting a Dodge Viper is nuts. A 510 hp sports car with brutal torque, no traction control, no ESP like the Vettes, Ferrari's and even like the Lambo's have...a car like this in the rental environment is a crazy idea. I DO NOT want to be on the highway with anyone in a rented Viper.

I would not be surprised to see the company renting the Viper named in a civil suit.

Black Mamba we totally agree here! Now just come over to the dark side!

 

[J&R3xV10]

The problem is (and i cant speak for other states )in NJ ALL the cops (on or off duty )drive like they are above the law and for the most part (unless a tragedy happens )they are.

I can't tell you how many police accidents we have a week in Las Vegas.... yes a WEEK. there was one just a few weeks ago in which a cop hit a truck doing more than 100mph. they tried to go after the guy in the truck and on first report he was DUI but when he got out of the hospital and was able to defend himself the cops admitted that the officer involved had no lights on and was going faster than the circumstance called for.

I make it a point to pull out of the way of cops even when they are just patrolling. I don't trust their driving at all.


I think the Metro driving instructor must be a woman
j/k

 

[sirhc76]

And it took a year for the indictment. If he wasnt a cop he would have been arrested in a day or two. You can look at the crash site and tell this guy was driving wayyy over the legal limit.

I may be wrong, aren't arrest and indictment two separate occurrences. I saw no mention of an arrest? He would have had to have been arrested based on breaking a law at the time of the crime, indictments can take sometime?

I believe the article stated, Investigators allege Buckley was traveling about 94 mph at the time for the crash. He had been suspended with pay since the accident. This part we know although the speed limit isn't stated, anyone know this info? Driving 20mph over the speed limit in most states is considered reckless driving.

Suspension with pay I believe is common practice in this type of occurrence? Until proven guilty he legally did nothing wrong why should he not be allowed to work during this time and if its a conflict of interest he should still receive pay.

reckless driving laws are so vague in most states. I was told recently by a friend who is a city cop this about reckless driving. I can pull you over for spinning tires and issue a reckless driving citation. Street racing has changed the way this citation is used.

In the past during a conversation with another friend that is a Texas DPS officer the topic of people pulling over on the shoulder to allow someone to pass came up. He informed me that the shoulder is not to be driven on and that this is considered reckless driving and he could issue a citation for it. I also know that passing on the shoulder is a reckless driving citation and that passing in a no passing zone, solid stripe, is as well.

I think we are speculating way too much. Bob brings up a good point in the driving skill or lack of on the officers part. We don't know if he had previously driven a viper. It is possible that he rents this car every Tuesday, drives it to work and takes his wife out for dinner afterward. This day he happened to take a buddy out for a drive on his lunch break, was getting around traffic and lost control due to any number of things that we don't know.

 

[eucharistos]

I've seen cops letting each other off for far worse than just going fast. Unless someone gets killed, that little badge goes a loooong way.

There's no POSSIBLE excuse for that guy. He should be made an example of and forced to return all that money (must be nice having a corrupt union behind you).

left off a couple of o's wf, badge goes a looooooooo....ng way

a buddy of mine rides crotch rockets with several officers and he said last week he just pulled over and let them go on without him b/c they were riding so fast (120+ in traffic) and he doesn't have a badge

i think cops should be given much slack, their jobs are mostly thankless, they deal with the **** of the ......you know, bad people all day, but when they blow it like this, then yes, make examples of them

if you hear cops talk about cops, you know the they have good ones and bad ones just like the rest of society