Fatal accident case will be heard by grand jury - KCBD NewsChannel 11 Lubbock

Fatal accident case will be heard by grand jury

LUBBOCK, TX (KCBD) - On Wednesday, 20-year-old Morgan Lee and LPD Officer Cody Kidd crashed on the Clovis Highway near North Loop 289. 

From the moment the accident happened, an LPD investigation has been underway that will culminate in the case being heard by a Lubbock County Grand Jury.

The first step in LPD's response is the Accident Investigation Section mapping out the scene to determine what happened. They were on the scene Wednesday and plan to revisit the crash site in coming days. 

The second is a review by the Lubbock Police Department Accident Review Board. The Board is comprised of LPD commanders, who make recommendations regarding accident responsibility, as well as appropriate repercussions, to the involved employee's Assistant Police Chief.

Finally the grand jury, which is made of people who live in Lubbock County, will hear the case for independent review, as is the case with all fatal accidents in Lubbock.

Lubbock Attorney Davis Smith has handled many accident cases, and he says there are some important factors in this case.

"I think speed in this is something that really needs to be looked at," he said. "I would go through and talk to every witness, you know, each witness individually to figure out the speed, who's doing what, what are the lights, are they really both green, was there anything blocking her view of him or vice versa."

Ultimately, Smith believes no criminal charges will be filed.

"Without alcohol being a factor, no alcohol, no drugs involved, I don't see anybody getting indicted," he said.  "It's a car wreck that involves negligence, and I don't see any criminal charges coming out of this."

"This is a tragic accident," he said.

Attorney Tray Payne is representing officer Kidd.  Payne posted the following statement to the Tray Payne & Associates Facebook page on Friday:

"In February of this year, Officer Cody Kidd was a hero for pulling a young boy from a freezing playa lake. Six months later he is vilified, by many, for a tragic accident which occurred while he was in route to assist a citizen on a possible burglary.

"Why was Officer Kidd not afforded the right of “innocent until proven guilty” as everyone else expects to hold?

"The evidence shows that he was not at fault for the collision and that this is in fact a tragic accident.

"Officer Kidd is a loving father and husband and has committed to serving the citizens of Lubbock. He will continue to serve and do so with honor.

"There are no words to describe the awful pain Ms. Lee's family must be enduring. Our thoughts and prayers go out to them and their loved ones."

Copyright 2014 KCBD. All rights reserved. The Associated Press contributed to this report.

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