An officer with the Durham Police Department is suing the Durham County Sheriff’s Department over a 2017 chain-reaction crash that injured two police officers.
According to a wreck report, Deputy Paul Aiken’s 2013 Harley-Davidson motorcycle hit a rock, causing it to leave South Lowell Road and hit a nearby utility pole on Feb. 7, 2017.
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Officer Larry Cox, who was also driving a 2013 Harley-Davidson, swerved to miss Aiken, ran off the road to the right, hit a ditch and overturned.
Officer Francisco Miguel DeVera-Rodriguez, who was operating a 2015 Harley-Davidson, traveled onto the northbound shoulder, struck a utility pole support wire and overturned.
DeVera-Rodriguez sustained face and skull fractures, a traumatic brain injury that required surgery, nerve injuries to his hands and extremities and a variety of other injuries as a result of the crash, according to a lawsuit filed July 8.
The lawsuit alleges Aiken, who has been a Durham County deputy since 1998, was allowed to remain on the department’s motorcycle unit even though he failed to complete training, failed to stay current with necessary certifications, failed to follow established criteria for safe operation and had interpersonal conflicts with other members of the unit.
“He routinely operated his motorcycle in a careless, reckless, or otherwise unsafe manner which frequently jeopardized the safety of other members in the unit,” the lawsuit states.
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According to the lawsuit, members of the Durham Police Department had spoken with supervisors at the sheriff’s office about concerns that Aiken was not fit for duty with the motorcycle unit prior to the February crash.
The discussions resulted in Aiken’s suspension from the unit for an undisclosed period of time, but he was eventually allowed to rejoin the unit and was leading a formation prior to the crash on Feb. 7.
The lawsuit states that, while leading the formation that included Cox and DeVera-Rodriguez, Aiken “suddenly began operating his motorcycle in a careless and reckless manner.” During that time, Aiken broke formation by weaving through the lane and slowing down and speeding up for no apparent reason, the lawsuit says.
Following the crash involving the Durham police officers, the lawsuit claims the Durham County Sheriff’s Office failed to take action and continued to allow him to operate vehicles owned by the department.
The lawsuit seeks $25,000 from Aiken for gross negligence and claims the Durham County Sheriff’s Office “breached their duty” by allowing Aiken to return to the motorcycle unit following the previous suspension for safety concerns, permitting him to ride the motorcycle with “knowledge that he was an incompetent, habitually careless and reckless driver,” and allowing him to ride at the front of the formation on the day of the crash because he was “known to be a weak rider.”
Aiken was removed from the Durham County Sheriff’s Office motorcycle unit in June 2017, following an additional crash and an incident where he reported for duty while intoxicated, the lawsuit states.