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DRIVER WILL NOT FACE CHARGES IN OFFICER'S DEATH

Calvin Darling was struck by a police car going 90 mph, arrested, labeled a drunken driver by police and later released after the facts cleared him.

But the casino worker who friends call a “great guy” doesn’t seem to hold a grudge against the Metropolitan Police Department.


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  • “It was a highly charged incident. ... I think it could have been handled a little differently, but all in all, I think everybody did what they thought they had to do,” Darling said during a brief news conference outside the Regional Justice Center, his first comments to the public since the May 7 accident.

    When asked if he was treated fairly by police, he said, emphatically, “yes.”

    Just two hours before, police and prosecutors announced they will not be seeking any charges against the 45-year-old Darling, who was facing a Monday morning court hearing.

    He was arrested shortly after the accident on charges of driving under the influence resulting in death and failing to yield to an emergency vehicle. But Darling passed a blood-alcohol test and an investigation revealed 28-year-old officer James Manor was driving 109 mph without his lights and siren on.

    The accident brought out strong emotions from the public, both because of Manor’s death and the initial handling of the incident by police.

    Clark County Sheriff Doug Gillespie, just hours after the accident, claimed Darling was driving under the influence and that he pulled in front of Manor while the officer’s lights and siren were on. An investigation revealed both of those facts were wrong, and Gillespie held another news conference two weeks ago to correct them. He said he will change how information is released to the public after such officer-involved accidents.

    District Attorney David Roger on Thursday met with department investigators, who presented their case and recommended that no charges be filed against Darling. Roger agreed.

    He said detectives couldn’t show that Darling’s low blood alcohol level — .035 percent, less than half the legal limit of .08 — impaired his driving.

    The police investigation determined that Manor’s speed was “unsafe and unreasonable” and the main cause of the collision. “Any reasonable person would have been unable to determine the police cruiser was traveling in excess of 100 mph as it approached the intersection and would have felt sufficient time existed to make the left turn prior to the arrival of the officer’s car,” the department said in a news release.

    “This case was a tragedy all around,” Roger said in a statement.

    Darling’s attorney, Sean Sullivan, said he wouldn’t comment on whether his client intends to pursue a civil lawsuit against the department.

    Darling seemed slightly nervous but upbeat before the throngs of cameras and reporters. He frequently understated the effect the accident has had on him and his family.

    “I’ve had better months, I’ll be honest,” he said.

    Sullivan almost seemed more upset about it than his client.

    “I think it was an emotionally charged incident,” Sullivan said. “I think some officers were fired up. I know if my brother was dead in the car, I would be looking for somebody for cause or blame. Do I think that’s right, that Calvin was treated that way? No. Do I see a reason for it? Yes.”

    Darling said he saw the police car as he was driving up Flamingo Road in the early morning hours. He believed he had enough time to make the left turn onto Ravenwood Drive into his neighborhood. He didn’t, and Manor crashed into the side of Darling’s truck, sending it rolling.

    “At that point, I just woke up from hanging upside down and realized I had been hit pretty good,” Darling said.

    He then tried to help Manor by throwing dirt on the officer’s burning police car.

    “I heard a gentleman trying to get him out of the car door and I immediately went over to help. We were trying to put out the flames and at that time paramedics came with a fire extinguisher,” Darling said.

    He added, “It was just a shame that a young man’s life had to be taken.”

    Darling suffered a gash on his head, which required four staples, and said he has been experiencing neck, shoulder and leg pain from the accident.

    His fiancee, 40-year-old Lisa Gesiriech, stood by him during the news conference. Afterward, she had trouble fighting back tears.

    “It’s been devastating. Absolutely devastating,” she said of the incident. “I can’t even begin to tell you. For our daughter, too.” “It’s been crushing, without a doubt,” Darling added.

    “And he has a 96-year-old grandmother, who kind of raised him, and it’s been devastating for her also, the whole family,” Gesiriech said.

    Darling added, in another understatement: “I don’t recommend this.”

    Review-Journal writer Brian Haynes contributed to this report.

    Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.

     

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    Report abuse

    Adolf sheriff Gillespie wrote on June 11, 2009 01:37 PM: Dear son
    Don't believe what people r saying
    That u r Dizzy and can't tie ur on shoes
    First darling fiasco
    Then ur negotion deal not signed by your follow defendant
    And what's worst starvos won!!

    Keep trying perhaps u can have your warlocks moody and mcscrary dig up some type of scandal yet again on one of your sgts lts or capts

    I heard one of them failed turn in a library book


    Love Lucifer


    Report abuse

    Richard Brewer wrote on June 07, 2009 08:08 AM: I watched this case pretty closely in the news as it unfolded. I commend the Sheriff. I sympathise with Mr Darling.
    The decision to not pursue the matter is an honor to the officer who died in the line of duty.


    Report abuse

    Truth is the idiot wrote on June 06, 2009 03:30 PM: Try reading the whole thing before opening your dumb pie hole. I said he should be compensated. Must be a law major.


    Report abuse

    Rick wrote on June 06, 2009 12:49 AM: Very sad indeed for all in this whirlwind of poor information, possible
    lies, and certainly prejudgement. I am sure this mindset will repeat itself. Make it clear that Law Enforcement will ALWAYS cover its' own, the MEDIA will take sides and fan the flames, and then in the very end, WE THE PEOPLE, will pick up the tab for all the expense and
    settlements in this hurricane of GUILTY till proven innocent. The lost life and the ruined reputations are now forever.


    Report abuse

    truth wrote on June 06, 2009 12:16 AM: I laugh at the fool who states "brain dead morons calling for him to "sue the pants off METRO" who do you think pays for that?" What planet do you originate from? The driver was demorialized and you think he does not deserve compensation for the crimes of the jack booted thugs? hahahhaha

    Well I hope you pay dearly as I do not live in Clark county so those that supported the police and live in Clark county will have to scrape for the money because you will never win in court.

    I feel bad for those that live in that county and have to be further burdened with crooked cop activities not to mention the blackmail by the union.

    Jackbooted thugs march on! I have a better chance of being assaulted and recieving a financial reward vs. winning the Megabucks or winning a state lottery.


    Report abuse

    ObamasTeleprompter wrote on June 05, 2009 11:43 PM: A man lost his freedom and his reputation was sullied. Witnesses were threatened and silenced.

    Why haven't the corrupt and contemptible police been indicted?

    Potentia debet sequi justitiam, non antecedere (Power ought to follow justice, not to go before it)


    Report abuse

    qwkinuf wrote on June 05, 2009 09:37 PM: This was the tragic outcome brought on by the circumstance of decision. The officer's as well as Mr. Darlings.

    There is a hell of a lot to learn from this.

    Let's not blow it.






    Report abuse

    LV cop wrote on June 05, 2009 09:19 PM: If the officer would have lived through this horrible accident and Mr. Darling would have been seriosuly injured or killed, the officer would be facing the same legal issues that the Highway patrol Trooper who killed 4-5 people a few years ago is under. The trooper is in prison, by the way.


    Report abuse

    r paulson wrote on June 05, 2009 08:53 PM: thank god.. what was about a beer to a beer and a half, and a cop driving like an a-hole.. i ride a bike, and walk quite a bit..and feel safer with a guy not driving 100 mph down a city street with his lights off.


    Report abuse

    qwikinuf wrote on June 05, 2009 08:47 PM: Karen;

    I couldn't agree more. Drinking and driving is a dangerous mix; as is a police officer speeding down a street w/o lights or sirens.

    A lot of bad factors came together to cause this tragic outcome.

    Maybe everyone is wrong on this one.


    Read All Comments