The state trooper whose cruiser was traveling 83 mph when it struck and killed a man two years ago has allegedly assaulted the dead man’s brother, the family claims.
Joseph Blizzard, 29, of Finksburg, was being arrested Sunday on felony theft charges when Trooper Dale Derr showed up at the scene, allegedly throwing him to ground and fracturing his thumb, the family claims.
David Ellin, the family’s attorney, said he thinks the trooper was trying to get revenge for the family’s wrongful-death lawsuit.
Ellin said five other troopers witnessed Derr ask Blizzard, “Do you know who I am?” then respond, “I’m the guy who killed your brother” before grabbing Blizzard — whose hands were handcuffed behind his back — and shoving him down. The five troopers reported the alleged incident to the head of the Westminster barracks, Ellin said.
“It’s frightening,” he said. “You still have this loose cannon out there with a handgun.”
Ellin provided a copy of a letter dated Wednesday that he said was sent to Gov. Martin O’Malley, calling on him to fire Derr.
The family in March 2007 filed a $15.8 million wrongful-death lawsuit against Derr and state police because the trooper’s cruiser struck and killed Blizzard’s 38-year-old brother, Randy Rakes. Depositions for that case are just getting under way.
When Derr’s cruiser hit Rakes, police initially said he was on his way to a call. But a crash investigation report released months later showed that Derr had been off duty for an hour and was on his way to the barracks to file paperwork.
The family has said police led them to believe Rakes had committed suicide by jumping in front of the car.
Derr’s car was going 83 mph and was several inches onto the shoulder of the road when it struck Rakes, according to the report, but no criminal charges were filed.
Blizzard was arrested Sunday on several charges, including theft of more than $500 and forging checks. On Sept. 21, he was charged with driving under the influence of alcohol, according to court records.
State police spokesman Greg Shipley said police received the family’s complaint about the alleged assault.
“We will thoroughly investigate the complaint and, if warranted, take appropriate action,” Shipley said. “We will get to the bottom of that.”
He declined to comment further.
Blizzard was treated at a hospital on Tuesday and remains under medical supervision at the Carroll County Detention Center on $5,000 bail, Ellin said.
O’Malley’s office referred comment to the state police.
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