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Officer could face charges in child's death

12:18 AM CDT on Tuesday, October 21, 2008

By REBECCA LOPEZ / WFAA-TV

WFAA-TV


Video

DALLAS — The Dallas police officer who hit and killed a child while responding to a call on Friday was traveling up to 30 mph over the posted speed limit of 40 mph when the accident occurred.

Multiple police sources told News 8 that Senior Cpl. Michael Vaughn may have been speeding in the 2600 block of South Belt Line Road.

The officer was not on a "code one" priority call, so he should have been obeying all applicable traffic laws when he approached the intersection where 10-year-old Cole Berardi was attempting to cross the four-lane road on his bicycle.

The new information could result in criminal charges for Senior Cpl. Vaughan.

Dallas police investigators have viewed videotapes and obtained data from a global positioning system installed in his squad car. Sources tell News 8 that the officer was going at least 69 to 72 mph when he struck the child.

A police videotape shows that Cpl. Vaughn never applied his brakes, and did not immediately realize he had hit the youngster.

Only after he made a U-turn did he see Cole's body, which had been thrown about 50 feet by the impact. The child had not been wearing a helmet.

The child was hit when he tried to cross the darkened street Friday night. Sources said Cole had nearly made it across the road. The videotape apparently showed the officer hit the rear tire of the child's bike.

Residents say they usually slow down when they get to this section of Belt Line Road because it is difficult to navigate.

"It's pretty dangerous here at night," said Hector Dominguez. "It's real dark and it's almost scary."

"I've seen a lot of police officers driving through here fast."

Senior Cpl. Vaughan was responding to a "code one" domestic disturbance call at the time of the accident. The lights and sirens on his vehicle were not turned on.

Officers on a "code one" call are required to move with the flow of traffic, under Dallas Police Department general orders.

Commanders question why an officer was traveling approximately 30 mph over the speed limit.

Police say that even if Senior Cpl. Vaughan had been traveling at the speed limit, he still might not have been able to avoid hitting the child. The speed factor is being considered as part of the investigation.

The new information about what happened Friday angered some of Cole Berardi's neighbors who gathered at a candlelight memorial service Monday evening to sing, pray, and remember the 10-year-old.

"God's going to love him and take care of him because he's in heaven," said neighbor Penny Faye Wilson, fighting back tears. "That little boy did not deserve what he had done to him."

"Everybody knew him," said Steve Gray. "He rode his bicycle, that little green bicycle, he rode it everywhere."

Prayers were also said for the officer involved in the incident, but that did not reduce their concern about the cause of the tragic accident.

"I think he was going way too fast," said Ann Southworth, who ran to the scene Friday night after hearing the commotion.

The facts of the case will likely be turned over to a grand jury to determine whether there is any criminal liability on the part of the officer.

An internal affairs investigation is under way to see whether Senior Cpl. Vaughan violated any department policies.

The officer is said to be distraught and is having a very difficult time dealing with what happened Friday night.

E-mail rlopez@wfaa.com

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