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In lawsuit, family says officer killed in Clinton motorcade needed more training
09:53 PM CST on Tuesday, February 23, 2010
The family of a Dallas motorcycle officer who died two years ago while escorting Hillary Rodham Clinton has sued her and the city, alleging that he wasn't properly trained, that the road was inadequately maintained and that Clinton didn't give the city enough time to prepare for the motorcade.
The lawsuit filed in state court Monday, the second anniversary of the death of Senior Cpl. Victor Lozada, also faulted the city's 911 system for a delay in dispatching an ambulance to the scene of the accident on the Houston Street viaduct.
The suit also names as defendants Clinton's presidential campaign and the Super Seer Corp., the maker of Lozada's motorcycle helmet.
Frank Librio, spokesman for the city of Dallas, said the city had no comment on the lawsuit. Representatives of the other defendants could not be reached for comment.
"None of this is going to bring back their father and husband," said David Schiller, attorney for the Lozada family. He said the family filed suit "because they don't believe that, without taking legal action, many of these things are going to change on their own."
Clinton was seeking the Democratic nomination for the presidency and was not yet U.S. Secretary of State when on the morning of Feb. 22, 2008, Lozada and about 30 other motorcycle officers were controlling traffic at intersections as her motorcade rolled through Dallas.
As the caravan headed south across the viaduct, Lozada came around a curve while performing a "leapfrog" maneuver to pass the motorcade and lost control of his bike. It ran onto a sidewalk and slammed head-on into a concrete outcropping.
Lozada catapulted dozens of feet forward along the roadway, the force of the crash knocking off his helmet.
According to the lawsuit, less than a month before his death, Lozada's trainer, Senior Cpl. Dale Erves, wrote that he did not think Lozada was ready to ride on duty. A Jan. 25, 2008, daily observation report, signed by Lozada and Erves, states that Lozada had made "so many mistakes" that it scared Erves and that Lozada had failed that phase of training, needing at least two more weeks of training.
Shortly after Lozada's death, The Dallas Morning News obtained copies of Lozada's training records, which indicated that he had done well. A daily observation report also dated Jan. 25, 2008, and signed by Erves and Lozada stated that Lozada had passed training.
On Tuesday, Erves said he had written the report indicating that Lozada had failed as a joke. He said he was shocked that was now being used as part of the lawsuit.
"Victor and I got a laugh out of it," Erves said. "Victor had improved tremendously, and he was doing very well with his riding ability."
Schiller, the family's attorney, accused the department of engaging in a "cover-up."
"He gave the report to his wife and said, 'Hold on to this.' I think he was worried," he said.
An internal departmental review of the motorcycle unit completed after Lozada's death recommended increased supervision of the field training process and that daily observation reports be signed by a supervisor.
The lawsuit also alleges:
•That Lozada was "not properly trained for an assignment as dangerous as a motorcade, nor was he experienced enough."
•That supervisors failed to ensure that all of the officers involved in the escort had ridden the entire route before the actual escort. Lozada and several other officers involved in the escort did not check out the Clinton route in advance. An internal panel subsequently recommended that it be mandatory for supervisors to ensure that all riders travel the route prior to conducting the escort.
•That the flaws in the 911 system led to at least a 12-minute delay in a Fire Department ambulance being dispatched. At the time of Lozada's accident, fire officials blamed the lack of an exact address for some of the delay.
•The lawsuit alleges that Clinton and her campaign failed to give enough notice that it needed motorcade assistance, leaving the motorcycle unit without enough time to prepare for the dangerous task. It also alleges that the helmet, manufactured by Super Seer, was defective because the chin strap came unlatched and Lozado's helmet fell off.
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