The counter-suit claims Antoinette Suina « failed to yield to an emergency vehicle, » leading to the fatal car crash.
A New Mexico police officer has filed a lawsuit against a woman whose 6-year-old son was killed when the officer slammed into their vehicle. The countersuit was called “offensive” by the woman’s lawyer.
Albuquerque Police Officer Jonathan McDonnell, who has been reprimanded in the past for on-duty crashes, filed a civil suit on March 2 against Antoinette Suina, whose son Joel Anthony Mumaw was killed during the 2017 crash. McDonnell claims that Suina “failed to yield to an emergency vehicle” when she turned in front of his speeding patrol vehicle.
Antoinette Suina lost her son, 6-year-old Joel Anthony Mumaw, in an April 2017 crash that also severely injured her 9-year-old daughter Adriana. Courtesy of Geoffrey Romero
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Suina initially filed a suit against McDonnell and the city of Albuquerque in January, claiming the officer’s “deliberate, intentional, and/or reckless” conduct prompted the crash that killed her son. That suit also claims McDonnell left her and her 9-year-old daughter, Adriana, severely injured.
Geoffrey Romero, Suina’s lawyer, told Newsweek, that the grieving mother has “suffered so much” after losing her son and that her daughter was severely injured. “Their family will never be the same,” Romero said, adding, “The officer is effectively blaming her for the death of her son.”
In a separate interview with ABC News, Romero said, “Having killed Ms. Suina’s son, it’s somewhat offensive that he would turn around and sue her and heap more tragedy on this family.”
Romero told Newsweek that he does not know what McDonnell hopes to accomplish with his countersuit. “He’s suing a single mother,” he said. “I don’t know if it’s a defensive measure. I don’t know what he’s accomplishing.”
According to the Albuquerque Journal, McDonnell and his wife are seeking damages from Suina. The couple claims that as a result of the crash, they “have suffered, and will continue to suffer mental anguish, emotional distress, and pain and suffering. »
McDonnell’s attorney did not immediately return a request for comment from Newsweek.
McDonnell was traveling at 67 mph to respond to a call in April 2017 and claims that Suina made a left-hand turn “without first ascertaining that this move could be made with safety.” McDonnell’s white Dodge Charger crashed into Suina’s gray Ford Escape in the intersection of Eubank Boulevard and Indian School Road Northeast.
An investigative report conducted by the Bernalillo County Sheriff’s Department and obtained by Newsweek found that, “The design of the roadway and intersection makes it hard to see oncoming vehicle’s in both directions (north and south on Eubank) when there are vehicles in the turn bays to proceed east and west.”
The report said, “Officer McDonnell attempted to avoid the collision by imputing starring to his vehicle and braking. However, it is my opinion that due to his speed and vehicles being in the turn bay (north to west), he was unable to see and react to the vehicle turning in front of him until the vehicle was already in his path of travel, and he was unable to avoid the collision.”
The fatal crash occurred in the intersection of Eubank Boulevard and Indian School Road NE in Albuquerque, New Mexico. Google Maps
It added that Suina drove into the intersection on a solid green light “unable to see the oncoming vehicle and failed to yield to the police vehicle.”
The report concluded the “due to the multiple factors involved as a result of this crash, I do not feel charges are warranted at this time for either driver.”
The Albuquerque Journal reported that McDonnell has been reprimanded in at least six previous driving-related incidents during his nine years with Albuquerque Police.
