ST. LUCIE, Fla. — Just a few weeks shy of a year since the incident where a Florida Highway Patrol officer was killed along with the driver of an 18-wheeler in pursuit of a suspect, the family of the truck driver has filed suit against the FHP and the estate of the deceased trooper.
Trooper Zachary Fink, a three-year veteran of the FHP, was pursuing a person who was driving a white Kia in a “reckless manner” and speeding on I-95 just before 3 a.m. on Feb. 2 of last year.
According to a Florida news report, FHP Col. Gary Howze described 11 months ago that the vehicle that Fink was pursuing attempted to make a U-turn to drive northbound in the southbound lane in an attempt to escape the pursuit.
“The driver made an abrupt turn to travel the wrong direction on Interstate 95,” Howze said. “Trooper Fink, in an attempt to continue to apprehend the subject, and to warn unsuspecting motorists of the danger in the area, turned also with the vehicle. And unfortunately, turned into the immediate path of a semi tractor trailer, which struck the left driver’s side of his patrol car.”
The driver, Arsenio Mas, was also killed and left behind three children.
The lawsuit states that Mas, “was operating a commercial truck in the inside lane closest to the median and was en route to deliver cargo as part of his employment.”
- Operated the FHP vehicle at an excessively high rate of speed
- Cut across several lanes of traffic without warning and at an excessively high rate of speed
- Failed to consider how his reckless pursuit of a fleeing vehicle could endanger the lives of the motoring public
- Continued his pursuit of the fleeing vehicle even after the fleeing vehicle cut across all southbound lanes of traffic and attempted a U-turn onto the northbound highway
- Disregarded FHP’’ policies and procedures for pursuing fleeing vehicles
- Failed to avoid crashing into the plaintiff’s truck
- Failed to keep a proper lookout for vehicles, including the plaintiff’s truck
- Failed to follow safe and reasonable procedures and protocols for operating a vehicle in the State of Florida
- Was otherwise negligent and/or reckless for allowing his unreasonable pursuit of the fleeing vehicle to jeopardize the safety of the motoring public
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
