Sean Pearce's Killer Crash the Subject of a $5 Million Claim Against Maricopa County

Categories: News
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A $5 million claim has been filed against Maricopa County and Sheriff Joe Arpaio, by the family of a Glendale man who was killed in December after being T-boned by MCSO Deputy Sean Pearce.

Pearce, the son of recalled Arizona Senate President Russell Pearce, had been going 81 mph in the 40 mph zone, seconds before crashing into 63-year-old Glendale resident John Harding.

See also:
-Russell Pearce's Son Sean Pearce: Video of Killer Car Crash
-Russell Pearce's Son Joshua Arrested, in MCSO Custody

Pearce, in an unmarked Chevy Tahoe, later told Glendale police investigators that he and another MCSO deputy were driving down 59th Avenue to stay parallel with a suspect riding in a cab on 67th Avenue.

Pearce didn't have his lights or sirens on when Harding pulled out from a side street to make a left turn onto 59th Avenue. Harding's much smaller Nissan Cube was smashed by Pearce's vehicle on the driver's side, and Harding died as a result of the crash.



As Stephen Lemons previously reported, Glendale police investigated Pearce's speed at impact to be between 48 and 53 mph, as Pearce attempted to brake before impact.

State law specifically allows for police to exceed speed limits in certain situations, but says they may only do so if the "driver does not endanger life or property," and, more specifically:
This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and does not protect the driver from the consequences of the driver's reckless disregard for the safety of others.
Glendale PD recommended a charge of manslaughter to the Maricopa County Attorney's Office, but there's been no decision at this point.

The claim filed by Harding's family against Pearce, Arpaio, MCSO, and the county, makes that very point. It also alleges that Pearce was not properly trained, and not properly supervised.

"The conduct of Deputy Pearce showed deliberate and callous indifference to the federally protected rights of John Harding and his surviving family members," the claim states.

The claim offers a settlement of $5 million from the county, including $2.5 million for his wife, and $500,000 for each of his surviving five adult children.

Such a claim is required to be filed in the event that the family decides to file a lawsuit.

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52 comments
Ponder
Ponder

The scenario Pearce was working is one the vast majority of the general public simply does not comprehend, so in their ignorance, they flippantly and erroneously pass judgement.

Imagine your wife, or significant other calling you as you are away from home in a panic because someone is attempting to break into the house. Your significant other sees the person trying to get in has a gun, knows they have used the gun to kill someone in the past, and they are frantically calling for help.

How fast will you drive to get there? The speed limit? 10 miles over?

It's not a perfect analogy, but it puts a little perspective in the minds of the general public who have no idea what it's like to be on the other end of the line when you are the person charged with getting there to help in an emergency.

I'm not negating the need for due regard on the part of the responder, it's an analogy.

danzigsdaddy
danzigsdaddy topcommenter

there are 2 types of people that you will see doing 80mph in a 40mph zone..................emergency vehicles and lawbreakers. the emergency vehicles are easy to pick out.....they have sirens and lights running when they go that fast. there were no lights or sirens running. 

Tyler_Montague
Tyler_Montague

Let me speak in defense of Sean Pearce.  This is a tough situation.  He was on the job, trying to keep up with a possible bad guy.  He needed to keep up, and this accident was obviously something he would never want to happen, and I'm sure he would give anything for a do-over.  There might have been some mistakes made (or not--I don't know), but our law enforcement officers should be accorded a broad swath of mercy in recognition of the dangers they face.  There was no malice or ill intent here.  People should also take into account that he has been shot for us while on the job.  We should calm down, let whatever civil suit has merit play out, and back off the rhetoric calling for Sean Pearce's head.

DNichols
DNichols

Arizona Fact:


Every person in Arizona knows that Russell Pearce committed a class five felony with the Mrs. Cortes "Sham" which should have got he, and all G.O.P./Tea Party People involved in the heinous Election CRIME Two Years in Jail!


Lucky for Pearce he was Arpaio's former Chief Deputy, therefore was not charged in any manner for his CRIME in Arizona!


Instead of Jail Time Pearce  has been rewarded a G.O.P. President for his blatant disregard for the U.S. Electoral system,  Criminal Activity, and his bribe taking abilities.


That said does any one expect Pearce's son to face Justice in Arpaio land either?!


To: Arizona's Corrupt Political Arpaio ran Cesspool.

MaskedMagician1967
MaskedMagician1967 topcommenter

I have to wonder how much influence (or money) twice disgraced, corrupt, narcissistic and mentally sick Pearce used (or bought) to prevent his son from being charged....

smith19351935
smith19351935

Sean Pearce? Is he related to the infamous Russell Pearce? If so I see politics here even if not related its that thin blue line protecting their own, a independent investigation of if he was driving 81 mph or less is due, one cannot trust a internal investigation especially where a person working for the infamous Arpaio is involved!

TommyCollins
TommyCollins

In all my 20 years on the job I never drove over the speed limit, ever.

shadeaux
shadeaux

""The conduct of Deputy Pearce showed deliberate and callous indifference to the federally protected rights of John Harding and his surviving family members," the claim states"

In other words, he is typical of the mindset prevalent in the Arpaio infected MCSO.


Not only has Goober Jr. not been criminally charged, last I heard, he was still wearing a badge, carrying a firearm and driving around the county in an MCSO vehicle. No administrative leave for him.

Bill Ritchey
Bill Ritchey

i hope they win that and then some..what a blatant disregard ..

dawnlockwoodsag
dawnlockwoodsag

my friend's half-sister makes $78 /hr on the internet . She has been unemployed for 8 months but last month her pay was $19075 just working on the internet for a few hours. look at more info 

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TommyCollins
TommyCollins topcommenter

If a civilian had been driving the Tahoe and killed the guy in the Nissan the Tahoe driver would have gone to jail that same day. The only reason Pearce has not gone to jail or had to answer for this travesty is because of his connection with MCSO, and perhaps his last name. For the county attorney to have to take six months to review the case is absurd, at best. Charge him with manslaughter, remove him from his police agency and let a jury decide. When they see that video and hear the testimony of the police investigators the jury won't take long to come back with a guilty verdict.

Daniel Rojas
Daniel Rojas

Pearce is a chip off the old block. This is total B.S. Bill Montgomery do the right thing and charge him already. why . Is this taking so long? Next time people make the right choice and vote a County Attorney into office that sees no gray.

jurywork
jurywork

Is this guy still on paid vacation? Or is it manslaughter sabbatical?

Javi Mendez
Javi Mendez

I don't think any amount of money will make up for a life loss. Still not an excuse for people who are supposed to protect and serve to try and find a loop hole for this type of behavior. This is just sad all around

Jukes
Jukes

Glendale says Pearce's speed at impact was between 48 and 53 mph (still over the speed limit) and he was clocked going 81?  No excuse whatsoever for that.  He says he was "driving parallel to a cab"?  The cab was also going 81? Who was in it, one of the FBI's 10 most wanted?  I would agree that exhibits" deliberate and callous indifference."  And may I assume Pearce is still on the streets?  How much do the taxpayers have to shell out before we have enough of this law enforcement crime wave?

Rob Bot
Rob Bot

If that we're anyone else they'd be doing time. Shiny badges don't grant extra rights - Cop Block

Chuck Graf
Chuck Graf

Watch Arpaio tell everyone this douchebag did nothing wrong.

Jeffrey Wade
Jeffrey Wade

They are trained not to do things like this. This guy should bear half the responsibility personally.

Fred Isaac
Fred Isaac

This happend to me on August 7th . Coconino sherrif Blew a red and T-boned me. Im luck to be here. these cops think they can do what they want... shm

TheChef
TheChef

The Joe Show will fight this to the last Taxpayer dollar.

danzigsdaddy
danzigsdaddy topcommenter

@mrh0202201091  people would be more willing to accept it as an accident if he wouldnt have lied about how fast he was travelling. the fact that no one else in either vehicle came forward to say just how fast they were going makes it look bad for all of them. you have to remember these are people whos word could affect someones guilt or innocence in court, yet we now have proof that he doesnt tell the truth or cant accurately remember the facts (you know....simple things like the fact they were passing cars like they were parked)

danzigsdaddy
danzigsdaddy topcommenter

@Tyler_Montague  he claimed he was doing the speed limit, and none of the other officers said anything about the speed they were actually doing. if he wanted some leniency he shouldnt have started with lies. it makes us doubt him and his integrity. 2 vehicles full of people who are supposed to be observant and nobody could gauge that they were travelling more than twice the limit?? that makes either 2 vehicles full of liars or 2 vehicles full of people not qualified to do their jobs

johnlancaster85035
johnlancaster85035

@Tyler_Montague    Come on dude.......Be a man and stand up accept responsibility for what you did.

danzigsdaddy
danzigsdaddy topcommenter

So you feel that if someone dies because of someone's piss poor choices, they should be held accountable? Guess what twit......the same applies here. Just because someone wears a badge it doesn't mean they get immunity from the consequences of their actions

MaskedMagician1967
MaskedMagician1967 topcommenter

It's another taxpayers funded settlement that will drive this county ever closer to being completely uninsurable Robert.

You should be outraged.

Thanks alot Joe for fucking Maricopa County out of even more money.

shadeaux
shadeaux

@dawnlockwoodsag  

Isn't internet prostitution illegal here?


OH wait a minute.....it's you isn't it Jaffy?

danzigsdaddy
danzigsdaddy topcommenter

@TommyCollins  delay, delay, delay. its a tactic that has proven to work here in Arizona. delay it long enough and people will forget. proof of that............what happened with the Atencio investigation? how are things going for the El Mirage cases? how about the CPS cases? are vets getting the care they need at the VA? pretty sad isnt it?

teknik
teknik

@Jukes  clocked at 81, locked the breaks, 53 at impact.  had he been going slower he would have stopped more and most likely avoided the accident all together.

Jukes
Jukes

@TheChef Yes, they're always happy to spend our money defending their ineptitude or fighting justifiable lawsuits. 

Ponder
Ponder

Has it occurred to you that the speed he reported was his estimation rather than what his speedometer read? I'm willing to bet he was multitasking as he was attempting to catch up to a lone detective who reported on the radio he was behind a suspect who had recently killed another person. Mind you, this was right after Detective John Hobbs was ambushed by a different homicide suspect...

Pearce's job description and Hobbs job description are one and the same. They are detectives who work undercover and are charged with apprehending real dangerous criminals. Hobbs death was absolutely on the mind of every individual working that scenario, as well as every similar scenario since. Hobbs was a friend. He was ambushed, doing the exact same thing...following a dangerous suspect.

It's easy, sitting behind a keyboard, while munching on hoho's with real housewives of Atlanta playing in the background while you (not you specifically) reign judgement down upon a law enforcement officer who killed someone while doing their job...an exceptionally dangerous job, mind you.

Any police officer who says they've never raced to a scene to assist another officer in an emergency situation, at times doing so without lights and sirens, is one of two things...a liar or a coward. Or both.

The accident was tragic. An innocent person lost their life. It was still an accident.

Ponder
Ponder

That fragmented sentence makes no sense, Dennis.

fishingblues
fishingblues topcommenter

@danzigsdaddy  Dad:  delay, delay, delay is not just a phenomena in Arizona, but a tactic used by every government agency at every level when they do not want to be exposed. 


For example:  the current Federal administration has used this tactic many times.  


See:  Benghazi, Fast and Furious, IRS scandal, spying on the AP, Holder perjuries, need I continue?


Just ask anyone (Jay Carney seems to be the front man) about any of them today and the response is:  "that old thing?"  and "that's ancient history" or the infamous Hill response "what possible difference does it make?".


Ask anyone in any capacity in any government position anywhere and the first response from them will automatically be a lie.  


This comment crosses an includes both major political parties.  

danzigsdaddy
danzigsdaddy topcommenter

We really couldn't say that for sure unless it actually happened............if it did happen though..... your guess is as good as mine

Ponder
Ponder

The irony here is, if Pearce were the one who had pulled into oncoming traffic while making a left hand turn and the other driver was the speeder who had the right of way, Pearce would be blamed for the accident.

danzigsdaddy
danzigsdaddy topcommenter

The loss of any life is tragic. The whole thing would likely be more acceptable as an accident if just one of the officers in either vehicle would have been aware of their speed and mentioned it. Accidents happen, but if nobody was aware of how fast they were going (without lights and sirens)......it doesn't make it seem like an innocent accident but more like incompetence or negligence. I would hope it was just an innocent accident, but with 6 to 8 guys between both vehicles.......somebody should have perceived their speed as far in excess of the traffic around them. Since nobody did or even state so, it could tarnish their credibility. One moment of poor decision and many lives were changed for the worse.

danzigsdaddy
danzigsdaddy topcommenter

@ConcernedCitizenAZ  for us to all forget about it so he can keep his hands clean.............but it wont work, so he will just stall instead

fishingblues
fishingblues topcommenter

@MaskedMagician1967  


MM,  American embassies are considered American soil.


From 2009 - 2011, under Operation Fast and Furious, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Phoenix Field Division, along with other partners, allowed illegal gun sales believed to be destined for Mexican drug cartels in order to track the sellers and purchasers.

June 20, 2012 - President Barack Obama asserts executive privilege over the documents sought by the investigating committee. This prevents future prosecution of Holder.


Does the Revenue Act of 1913 specify favoritism to a particular party?


Justice Department officials revealed that they had been going through The A.P.’s records for months.

Where is it stated that this was approved by the Chief Justice?


Is "HorniBoi" a name that I should recognize as a public official?  Does this imaginary person have the power of the Attorney General for the United States?  

MaskedMagician1967
MaskedMagician1967 topcommenter

Fishing, Benghazi was a terrorist attack on Americans in Libya.

F&F was started under Bush 43.

IRS scandal? The agency was complying with the Revenue Act of 1913. (Not sure if this is true, but it makes for a helluva defense).

Spying warrants are approved by the Chief Justice of the Supreme Court.

Holder is as bad as HorniBoi. Personally Cabinet members should be subject to the will of the people, including whether they keep their jobs).

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