HARRISBURG, Pa. — The parents of a teen who died in a crash involving a Harrisburg Police officer last year filed a lawsuit against the police department, the city, the officer who was at the wheel, and the driver of the car the victim was riding in, court documents show.
The lawsuit, filed by the family of 18-year-old Marion T. Holmes, claims Officer Brendan J. Kovach disregarded the police department's policy requiring officers responding to emergencies to drive at a safe and reasonable speed "based on existing conditions and the available information regarding the emergency to which they are responding."
According to the State Police investigation of the incident, Kovach was responding to an emergency call at 12:30 a.m. on October 3, 2023, when the crash occurred. His police vehicle was traveling the wrong way down a one-way street at approximately 50 mph when it struck a 2000 Mercury Sable driven by Detrail T. Porter, 20, at 19th and Holly Streets.
The posted speed limit in the area is 25 mph, according to the investigation.
Holmes, who was riding in the Sable's front seat, was extricated from the vehicle and taken to a hospital, where he died of his injuries.
State Police said Kovach was responding to an "emergency incident," but the lawsuit, citing accounts by the police investigation and its review by the Dauphin County District Attorney's Office, claims the incident Kovach was traveling to -- a traffic stop at Hillside Road and Holly Street -- had already been resolved, and there was "no imminent threat to life or property."
A second police vehicle had already arrived at the scene to assist, prior to the crash involving Kovach, the lawsuit said.
Dauphin County District Attorney Fran Chardo eventually cleared Kovach of any wrongdoing after reviewing the State Police investigation, which determined Porter did not come to a complete stop at the intersection of 19th and Holly streets, where the crash occurred.
In his determination, Chardo said Kovach could not have anticipated that Porter would not come to a full stop at the stop sign, the lawsuit said.
Porter is named as a defendant in the lawsuit due to his alleged negligence and the role it played in the crash, the plaintiffs said.
In his review of the incident, Chardo recommended that Porter be charged for his role in the crash. He was later charged with a misdemeanor count of accidents involving death or injury while not licensed and four summary driving offenses.
The lawsuit argues that Kovach did not adhere to Harrisburg Police policy, which requires officers to take precautions while driving to the scene of an emergency.
"[The Department] requires responding personnel to drive at a safe and reasonable speed based on existing conditions and the available information regarding the emergency to which they are responding,” according to the lawsuit.
“It is the policy of the Bureau that all police personnel operating Bureau vehicles shall exercise due regard for the safety of all persons,” the department’s policy said. “No assignment, complaint or any other type of incident justifies the disregard of the public’s safety.”
In a statement last month, Holmes' family said authorities were not forthcoming with any information regarding the case.
Chardo's determination to clear Kovach of any wrongdoing "left many questions," the statement said. The district attorney also made his determination without speaking to members of Holmes' family, the statement alleges.
"Was this actually an emergency situation authorizing the officer to ignore the rules of the road, speed limits, and stop signs?" the statement said. "Was this a third police vehicle responding to an 'officer needs assistance' call? Did officers at the traffic stop actually need assistance? Did the police officer slow his vehicle as he approached the intersection? Were lights and sirens on, and if so, when were they put on? The family has many other unanswered questions."
The family made repeated requests to Chardo's office for the full investigative file, the accident report, and witness statements to no avail, the statement claims.
“A grieving family lost a beloved son,” the statement concludes. “They have the right to know what happened. Clearly, the interest of clearing the police officer is more important than answering the questions of the victim’s family. We ask that all information be released to us immediately.”