No indictments against a New Ulm police officer was announced last week for a fatal accident last summer but family member of the two people killed in the crash are planning to file a civil suit against the officer and the City of New Ulm.
The accident occurred on July 8, 2011, when New Ulm Patrol Officer Mathew Rasmussen collided with a vehicle driven by Myra Meyers. Her son, Brian Wichmann, was a passenger. Meyers and Wichmann died as a result of the accident.
Attorney’s involved with the case have indicated that at issue may be when officer Rasmussen’s police lights were activated.
The State Patrol report states that, prior to the accident, Rasmussen was following a vehicle suspected of speeding. Rasmussen had several cars between him and the suspect. The report indicated that Rasmussen turned on his flashing lights to move the other cars out of the way, but once he passed the other cars, witnesses reported the squad car's flashing lights were off.
In his interview with the investigator, Rasmussen stated he didn't remember turning off the lights and he didn't know why they wouldn't be on.
Attorneys claims that once the flashing lights were off, Rasmussen was subject to traffic laws like a regular citizen.
Minnesota State Statute 169.03, subdivision 5 says that no emergency vehicle driver shall assume any special privileges, except when responding to an emergency call or when in immediate pursuit of actual or suspected violator of the law.
Minnesota State Statute 169.17 states that speed limits do not apply to emergency vehicles responding to an emergency call. Law enforcement vehicles are required to have an audible signal siren or display at least one lighted red light. The statute states that emergency vehicles are not relieved of driving with due regard for the safety of others on the street nor are the drivers protected from reckless disregard for the safety of others.
The report estimates Rasmussen was traveling 72 mph when he applied the brakes and that he was traveling 60 mph when he hit the Meyers car.
Other witnesses have argued that the police officer was not at fault and that Meyers cut out in front of him.
Saturday a sign on Broadway Street was displayed reading "72 mph = NUPD, 2 DOA."