CINCINNATI — The family of a North College Hill man killed in a March crash involving a Springfield Township police officer is filing a wrongful death lawsuit against the township, the police chief and the estate of the officer involved.
William Dunson, 50, was killed when the officer, Timothy Unwin, who also died in the crash, lost control of his vehicle while driving 84 mph in North College Hill, according to the crash report filed by the Hamilton County Sheriff's Office. Unwin was responding to a needs assistance call for officers who were being attacked by an individual physically resisting arrest, according to Springfield Township. That call was ultimately canceled before the crash, according to another police officer witness statement.
The law firm representing Dunson's family, The Cochran Firm, said in a press release about the pending lawsuit that Officer Unwin "had a history of reckless driving."
"Despite a history of reckless, dangerous and irresponsible decisions that endangered lives of innocent citizens, (Springfield Township Police Chief Rick Bley) refused to suspend or terminate Unwin and permitted Unwin to remain a Springfield Township Police Officer, eventually leading to the horrific death of William Dunson," the lawsuit reads.
Springfield Township also released a statement about the pending lawsuit, saying that the township is "aware of the fact that Officer Unwin was involved in a prior on-duty auto accident in which no injuries were reported."
The lawsuit claims that the crash Unwin was involved in was his fault, and that there were injuries involved.
"The entire Springfield Township organization continues to mourn the loss of both Mr. Dunson and Officer Unwin," the statement from the township reads. The township declined further comment on any "threatened or pending litigation."
The lawsuit does not seek a specific amount of money in damages. In addition to the township, police chief and Unwin estate, the lawsuit also names "John and Jane Doe" officers who were in a supervisory role within the Springfield Township Police Department as defendants.
According to the crash report, Unwin was driving north on Hamilton Avenue in the right lane, responding to an emergency call. The report says Unwin was using his overhead emergency warning lights and the vehicle's audible siren was on.
At the same time, Dunson's vehicle was traveling south in the right lane, on the other side of the road, according to the crash report.
Unwin then switched to the left-hand lane after a construction zone and attempted to pass a vehicle in the right lane. It was during this lane shift that Unwin lost control of his police vehicle, just at the intersection of Flora Avenue, based on tire marks on the asphalt in that area, the report says.
As he lost control, Unwin hit the raised curb of a median running along Hamilton Avenue, then a "large landscaping boulder," which caused Unwin's vehicle to become airborne, the report says.
After that, Unwin's vehicle rolled onto its roof and traveled into the southbound lanes of Hamilton Avenue, hitting Dunson's vehicle. When the two vehicles collided, the impact caused "significant roof structure collapse to both vehicles," according to the crash report.
The roof of the police vehicle was torn away and the vehicle traveled several feet before coming to rest partially on the sidewalk, partially in the right lane of the southbound side of US-127.
Unwin was freed from the crashed vehicle "by mechanical means," but both men were ultimately pronounced dead at the scene of the crash.
Two women who witnessed the crash said it was "avoidable," noting how fast Unwin was traveling through the area.
"(We're) grateful that we weren't part of that crash because we should've been," said April Harp, who saw the crash along with Makina Starr. "It was a divine intervention. It hit so hard that both cars bounced off the ground and it proceeded to flip head over heels."
Starr said she noticed Unwin's cruiser driving behind her and decided to hit the brakes, putting her car in reverse to avoid any possible collision.
The two said after the crash, they parked their car, got out and tried to help.
"We jumped out, gave us a little 'we can do this' hand squeeze and we just ran," said Harp.
Once they saw Unwin and Dunson's conditions, they said they knew there was nothing they could do. They told WCPO they went to console two girls who witnessed the crash, as they were waiting for their ride.
"She's shaking and so (we're) shaking and she's like, 'That could be my grandpa, that's somebody's grandpa,' and like, 'Look at him!' and I'm like, 'No baby don't look at him,'" said Starr.
A witness statement made by a North College Hill officer after the crash said that the officer also noticed Unwin's vehicle was driving fast. According to the statement, the North College Hill officer saw emergency lights in his rearview mirror while on West Galbraith Road.
As the officer turned north onto Hamilton Ave., he heard over his radio the emergency call he and Unwin were responding to had been canceled; the witness said he slowed his own speed, but noticed Unwin's lights still rapidly approaching in his rearview mirror. The witness said he had slowed his own speed to around 50 to 60 mph at that point.
"I immediately started moving to the right because it was apparent to me the officer driving the car behind me was trying to pass," reads the witness statement. "I realized the officer was coming too fast to pass me in the northbound lanes. I looked to the left and saw there was a median to my left. I saw the underside of the police cruiser that came from behind me as it flipped while airborne."
The witness statement says the North College Hill officer then proceeded to park and attempt to render aid following the crash.
The crash report says Unwin was driving 84 mph when he lost control and crashed his police vehicle. The posted speed limit for Hamilton Avenue in that area is 25 mph.
"I think really at this point it's really about whether or not his speed was reckless or wanton," said Tom Pugh, defense attorney with Pugh & Roach Attorneys at Law.
Pugh said the case has the elements of a potential civil trial against the Springfield Township Police Department, but there are still unknowns, and there are some things that will be difficult to prove.
"You're not going to be able to know whether or not he even heard that the call was canceled so if he didn't know the call was canceled, so is he still operating reasonably," said Pugh. "I hesitate to think that an officer needs to respond at that rate of speed on a call especially if you've got other officers responding, but yet again I think this is going to be a tough case. The biggest problem here is what was going on in the officer's mind, you're not going to be able to ask him those questions to figure out whether or not his actions were truly wanton and reckless."
Dunson was a father of four who worked at Fifth Third Bank. At the time of his death, he was also caring for his father who had recently been diagnosed with cancer, according to the Cochran Firm. He was married to his wife, Erica, for more than 23 years.
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