`r|rbM THE DESK OF Colonel T.G.Trott [g l` Tennessee Highway Patrol 1150 Foster Ave . Nashville, TN 37243 Office (6l5} 25]-5l75 Cell (615) 804-7045 Email Tracy.Tr0tt@tn.gov _la . Memorandum To: Commissioner Gibbons and Dep. Comm. Godwin Date: 01/30/12 RE: Trooper Vann Morgan Disciplinary Case I have reviewed the case file on the pursuit/crash incident involving Trooper Van Morgan on November 26th, 2011. During that incident, Mr. Gordon Anito attempted to evade Trooper Morgan. Trooper Morgan had lost sight of the vehicle driven by Mr. Anito on Andersonville Pike in Knox County. After a short distance, Mr. Anito's apparently ran off the road and crashed into a tree. The preliminary autopsy indicated that he died instantly from inj uri_es sustained in the crash. Trooper Morgan did not have that information on the night in question. Trooper Morgan continued his pursuit on Andersonville Pike and topped a small rise in the roadway. Mr. Anito's vehicle was 14 feet off the road at this point ofthe roadway smashed against a tree. The determination of all supervisors in this case is that the pursuit complied with the policies of General Order 41] . The point of contention is whether Trooper Morgan drove by the crash and did not stop at the scene or did not see the crash and continued on Andersonville Pike. By reading Sgt. 'Russell's Incident Report, it appears that he became concerned with what he saw on the video while viewing it at the scene that night. He called Lt. Ogle and requested a CID interview for Trooper Morgan. LTC Springer immediately requested the video and viewed it in Nashville. His response was to immediately call me to view the video. I turned the initial investigation over the District Attorney Randy Nichols for any possible criminal charges. Their determination was that no criminal statutes applied but that the (Trooper Morgan's) actions or lack thereof were "egregious" I have reviewed the ISB interview with Trooper Morgan. Trooper Morgan repeatedly states that he only saw a car out of the corner of his as he passed the scene and "dismissed" it as a parked car. The video of the pursuit centers on the crash site as Trooper Morgan drives over the rise in the roadway as do the headlights of the vehicle. There are also several street lights in the area. The debris field is wide and the car is severely damaged and smashed against the tree. There is smoke (20-25 feet in the air) and there appears to be the beginning glow of a fire from the interior ofthe car as Trooper Morgan passes the scene at speeds from 51 (as the patrol car tops hill) to 21 just past the crash. Trooper Morgan approaches the scene at a high rate of speed (73 mph) but slows to 51 as he comes over the rise at the scene. The road curves back to the left and required a drastic reduction in speed to negotiate the area. There are no roads to the left to draw Trooper Mor'gan's attention away from the crash scene. At 45 mph, the crash can be seen on the right with a visible fire glow (14.3 feet off the roadway). .lust after passing the crash scene, his vehicle speed is 2l mph. Trooper Morgan stops approximately 36 seconds later a short distance after the crash site and lets his camera run complying with policy, then responds back to the scene when advised of the crash by dispatch. The General Order requires one minute of recording after the pursuit is terminated. It does not require that to be stationary recording. After Eve minutes at the scene, Trooper Morgan calls his wife to retrieve a phone number for an attorney from the Police Benevolent Association. He attempts to call the attorney by phone at least once within minutes of arriving back at the crash scene. I felt like the magnitude of this case required me to travel to the scene to personally view it and drive the road. I did that with Captain Donoho and Lt. Danny Thomas on Dec. Sth, 2012. I drove the same type vehicle three times after dark at 50 to 60 as I topped the rise in the roadway. I walked at the crash scene and noted the position of final rest which was only 14 feet or five steps away from the roadway. With that experience along with the circumstantial evidence, it is my determination that Trooper Morgan did indeed see the crash scene and chose to ignore it. I could only guess to the reasons for Trooper Morgan's action. I do know that he was involved in another pursuit where death occurred in previous years. I also know that many times, the police are criticized when a death occurs during a pursuit. I will repeat that no THP supervisor sees any fault with the pursuit. I, along with several others including LTC Springer, LTC Stewart, Maior Blair, Captain Donoho, and District Attorney Randy Nichols, do find fault with Trooper Morgan passing a crashed and _burning vehicle without stopping and rendering aid. Trooper Morgan did not know that the injuries to Mr. Anito were fatal when he passed the scene. Trooper Morgan was placed on administrative duty on January 13th, 2012 and made several alarming comments to Sgt. Heatherly and Lt. Thomas. He stated got out and got my fire extinguisher just to make it look good. I knew he was dead but you, you got to do that for the media and everyone else. I was just tryin to put on a show. This type of comment is not a positive representation of the Tennessee Highway Patrol. I understand that this is an isolated, singular incident and that Trooper Morgan has performed very well in his time as a THP Trooper. He has excelled in DUT enforcement and been recognized for those efforts. In almost all cases, the rules of progressive punishment apply. The severity of this action makes it unable to apply that rule. Trooper Morgan has lost his credibility with the THP leadership and supervisors. Therefore, I have no choice but to recommend his termination from the THP for Neglect of Duty and Conduct Unbecoming a State Trooper (General Order 216-1). Thank you for your consideration. I .ln-tnlt.