Mother Of NJ Boy Struck, Killed By Police Car Says She Plans To File Lawsuit
By David Spunt
FRANKLIN TWP., N.J., (CBS) -- The mother of a 10-year-old Franklin Township boy who died after a police officer hit and killed him on Delsea Drive says she will sue the police department.
Michelle Harding told Eyewitness News that she plans to file a lawsuit later this week. Authorities say around 7 p.m. on December 28, Harding's son, Matthew McCloskey and two friends, were running on Delsea Drive towards a home. The oldest boy safely ran across the street and yelled that a car was coming. Ten-year-old Matthew McCloskey ran into the road and was struck by Officer Nicholas Locilento's vehicle.
"I miss him every single day," Harding said.
Authorities say Officer Nicholas Locilento was responding to a non-emergency call at the time of the incident. Police say Locilento's headlights were on, but his emergency warning equipment was not activated. The posted speed limit in the area is 50 miles per hour, according to the Gloucester County Prosecutor's Office. An investigation revealed Locilento was traveling at 74 miles per hour.
"There's no reason why those lights shouldn't have been on," Harding said.
An investigation revealed Officer Locilento was not under the influence or alcohol or illegal drugs at the time of the accident, officials say.
The prosecutor says that the call in question was categorized as a non-emergency call requiring an immediate response to prevent incidents from escalating. New Jersey law recognizes that police may need to exceed posted speed limits as long as they exercise due caution and not recklessly disregard the safety of others.
Authorities say Officer Locilento will not be charged criminally and it was not reasonable for him to foresee encountering a young boy running in the roadway. Additionally, there was no crosswalk or traffic control device near the accident.
Harding says she will file a wrongful death civil suit, with hopes that it will change police procedure.
"If anything comes out of this I need him (Matthew) to be a beacon of change so this doesn't happen to any other child," she said.
Eyewitness News reached out to the attorney representing Franklin Township. He would not comment on the pending lawsuit, because he has not seen the paperwork.