Mother of teenager killed by deputy's car in Highland files lawsuit
The mother of a teenage boy who died after being struck by a sheriff's deputy while riding his bicycle filed a lawsuit against the city, Sheriff's Department and county today alleging wrongful death.
In the lawsuit, seeking $3,000 for funeral expenses and general damages yet to be determined, Stacey McCombs alleges the unnamed deputy was speeding and blinded by a setting sun when he struck her son, Justin Ames, at the intersection of Ninth Street and Drummond Avenue the evening of Aug. 22.
The deputy was one of two responding to a call about 6:30 p.m. when the collision occurred. Neither of the deputies, both alleged to have been traveling between 50 and 60 mph, had their sirens or flashing lights on, and the posted speed limit was 35 mph, according to the lawsuit.
Justin, 14, and his friend stopped their bicycles at a posted stop sign at the intersection and watched the first patrol car pass by. Then, Justin's friend rode his bike across the street. Justin followed behind his friend and was struck by the second patrol car, according to the lawsuit.
Justin, a boy who spent countless hours building bikes in his garage and was remembered for using a whole summer's earnings from mowing lawns to buy a neighborhood girl a bicycle, suffered massive head injuries and was taken off life support five days later.
"The deputy sheriff for the city of Highland and the county of San Bernardino, while acting within the course and scope of his employment as an employee of the defendants, owed a legal duty to the plaintiff and decedent to operate his patrol vehicle in a safe and prudent manner," the lawsuit states.
Sheriff's Sgt. Dave Phelps, who heads the department's public affairs office, said it is department policy not to comment on pending litigation.
County spokesman David Wert said today it is also the county's policy not to comment on existing litigation.
Highland City Attorney Craig Steele said today the city had not yet been served with the lawsuit and therefore he could not comment.
Witnesses who live at the intersection where the collision occurred have given varying accounts of who was at fault, but McCombs' attorney, Mark McDonald, said the majority of them lean toward the deputy being at fault.
"Three of them put the deputy at fault, one of them didn't (put the deputy at fault)," McDonald said. "In the next few weeks, I'm sure we'll know a lot more than we know now."
McDonald said he hopes within that time to gather copies of the sheriff's investigative reports, Justin's autopsy report and other evidence now in the hands of the Sheriff's Department in order to give him a clearer picture of what happened.
As for compensation, McDonald said that will be down the road.
"Damages and wrongful death are kind of intangible. At some point we'll make a demand," he said.
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