The driver of a Delray Beach Fire Truck, which crashed on a Brightline train in December, received a non-criminal traffic quote following a recently completed Palm Beach County Sheriff’s Office investigation.
David Michael Wyatt, 46, drove across the truck despite flashing lights and fallen crossing gates on December 28th, despite his “unaware of the Brightline train.” He and two other firefighters had answered calls regarding the fire in the apartment, but according to a report completed in early February, they were not cleared from the phone until a crash crash occurred.
The report states that while fire trucks were still responding to the emergency, Wyatt “duecare” in that “didn’t identify any opposing Brightline trains when they ran the V-1 down that path.” They concluded that it was not available.
The collision injured 15 people, including 12 train passengers and three firefighters, who were transported as trauma alerts. Nine train passengers, including engineers and conductors, were hospitalized, according to the report. Captain Brian Fiori, one of the two firefighters’ passengers, suffered a serious injury to his leg and had to be implanted with a metal rod into the bone. Another firefighter, Joseph Fiumra III, suffered an undisturbed injury.
Delray Beach police had already investigated the crash, but Chief Russ Margar asked PBSO to do an independent investigation to make sure it was fair.
The fire truck had been dispatched to the apartment around 10:30am, according to the report. As firefighters headed for the fire, Wyatt dispatched a dispatch for delays due to freight trains on the tracks on South East Street. He turned off the sirens, but left the truck emergency lights on while waiting for the train to pass. Seconds after passing at about 10:45am, he drove the truck across the truck despite lowering the gate and flashing a red warning light.
Brightline train engineer Richard Adxon saw the truck and put on the emergency brakes, but it was too late. The train was approaching at nearly 80 mph.
“The trains were slower, but we couldn’t avoid the immediate danger,” the report said.
The front of the train crashed into the rear tire of the truck’s passenger seat, splitting it into three pieces.
The report concluded that Wyatt was still responding to the emergency at the time of the crash. This is a question that has been happening again over the months since. According to radio recordings shared by the city last month, dispatchers had firefighters off, but it remains unclear whether it occurred before or after Wyatt ran to the truck.
“A review of the Fire and Rescue CAD report revealed that the firefighters were cleared from the phone, but only after this crash crash happened. So they still legally proceed to emergency calls. It was,” the report said.
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The fact that Wyatt was still in the emergency was what the report continued, giving him certain freedoms that were offered to first responders under Florida law, but he was responsible for “Duecare.” He has not revealed this to him.
The report cites Florida statutes. This allows fire trucks to “go through a red light or stop sign or go beyond a stopped sign, but only after slowing down as required for safe operation” and “manage direction or movement Ignore restrictions or rotations in the specified direction, as long as the driver does not risk life or property.”
However, the law states that “the foregoing provisions do not mitigate drivers from their obligation to drive with respect for the safety of everyone, and such provisions protect drivers from the consequences of reckless disregard for safety.” I will not do that. of another person.”
“(Wyatt) was allowed to operate the V-1 in the way he operated it. But when he drove the V-1 down that path, he turned the approaching Brightline train. We did not use “Deucare” in that we didn’t identify it,” the report concluded.
Any quotes received by Wyatt require a court appearance. A pre-trial hearing will be set for March 12th.
In addition to investigations from the Sheriff’s Office, the Delray Beach Police Department is investigating previous crash handling involving Wyatt, who was unfair at the time and was cited as careless driving. The fire department also launched an internal investigation relating to the driver’s license status of fire department personnel, and placed four staff members, including Wyatt, on vacation.
A Delray City of Delray Beach spokesperson did not immediately respond to questions about the status of these investigations or what discipline Wyatt would receive due to the completion of the PBSO investigation.
