A Finksburg man did not commit suicide by leaping in front of a state trooper?s cruiser about a year ago, as police had reported, but was killed after the car sped onto the shoulder and hit him at nearly 85 mph, according to an accident investigation.
A state police accident investigation report, obtained by The Examiner, shows that Randy Rakes, 38, died after being hit by the cruiser while crossing Route 140 on Nov. 28, 2006.
That contradicts the report released the day after the crash, in which police said the trooper, Dale Derr, had been en route to assist another trooper on a reported burglary. Derr, the original report said, slammed his brakes after Rakes leaped in front of his car.
Rakes? mother, Jeanne Blizzard, 57, filed a $15 million lawsuit in March in which she demanded to see the accident investigation report, but received it about a month ago. The report shows Derr never saw Rakes before his cruiser struck him, then spun out of control across four lanes and a median.
Blizzard and her attorney, David Ellin, said the accident investigation report proves the trooper lied and was speeding when the car struck Rakes near midnight.
“They have covered this up from the beginning,” Blizzard said. “I could have understood ? accidents happen ? but I can?t understand how you can take a man lying in the gutter and trash him. They?re supposed to be protecting us, and they?re the biggest crooks.”
The crash investigation report shows Derr was speeding nearly 30 mph over the 55-mph limit and never touched his brakes.
He was also off duty, Ellin said.
“This guy?s got to be charged criminally,” he said. “If not, what kind of message does that send? That if you?re law enforcement, you can break the law, and if you?re not, you can?t?”
The Carroll County state?s attorney transferred the case to Frederick because the trooper was stationed in Carroll, creating a potential conflict of interest. The Frederick County state?s attorney did not return calls for comment.
In about three weeks, Derr can no longer be charged, Ellin said, because of a one-year statute of limitations.
Police issued a statement Tuesday saying the original information was all that was available at the time and the full investigation reportwas given to Ellin upon his request in August.
Police declined further comment, citing the ongoing litigation.
Blizzard said she could have understood if police told her it was an accident, but claiming her son committed suicide was a cover-up.
“Not one penny is going to replace my son,” who leaves behind a 19-year-old daughter, said a sobbing Blizzard. “I don?t want the money. I just want them to stop trashing Randy?s name and let him die in peace.”
