A police officer officer being sued for speeding through an intersection and killing a young boy is now suing the boy’s mother, saying the crash was all her fault.
In the lawsuit, Albuquerque Police Officer Jonathan McDonnell claims the crash has caused him emotional distress and mental anguish.
The Bernalillo County Sheriff’s investigation of the incident determined APD Officer Jonathan McDonnell was going double the speed limit while responding to a call in May 2017.
However, he says the mother was the one driving carelessly when she turned in front of him.
Antoinette Suina and her two kids were inside. Joel Anthony Mumaw, 6, died at the hospital the next day.
Now officer McDonnell is suing the grieving mother for the crash.
The lawsuit filed March 2 states Suina drove carelessly and negligently, and failed to yield to his emergency vehicle.
As a result, McDonnell — who broke a leg in the crash — claims he suffered physical and emotional distress and that the ordeal strained his relationship with his wife and three kids.
It’s a response to Suina’s January lawsuit against McDonnell and the city that claimed officer McDonnell was driving recklessly to that call.
The sheriff’s department investigated the crash and reported he was driving about 80 miles per hour before he slammed onto the brakes and slammed into Suina’s car at 67 miles per hour as she made a left turn in front of him.
They both had green lights.
Suina’s attorney, Rachel Higgins, said Suina could not have done anything to avoid the crash.
“She was deemed by investigating police to not have made any driving error,” Higgins said.
APD said McDonnell is still on light duty because of injuries from the crash. The department’s internal affairs case is still under review.
Officer McDonnell had already had five “preventable crashes” since joining APD in 2008.
APD policy doesn’t touch on speeding through intersections, only saying it’s an officer’s duty to drive with due regard for others’ safety, regardless of the emergency.