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Killed student's mother awarded $4 million

Student died in 2007 collision with police car on the way to final exams

Published: Sunday, September 20, 2009

Updated: Monday, September 21, 2009 03:09

Brian Gray

Brian Gray, summer 2007

The mother of a university student, who was killed nearly two years ago when his car collided with a police cruiser driven by an off-duty officer, was awarded more than $4 million Thursday.

After three hours of deliberation, a civil jury in Prince George's County District Court found Cpl. Mario Chavez at fault for his collision with Brian Gray at the intersection of Belair Drive and Beaverdale Lane in Gray's hometown of Bowie in December 2007.

Gray, a junior criminology and criminal justice major, was driving to the campus to take his final exams for fall semester when his Chevy Beretta was struck by Chavez's police cruiser as he made a left turn. His body was launched 85 feet past the collision site.

"I was in the courtroom on Tuesday when the doctor did the autopsy report," said Kathy McGehee, the sister of Mary Gray, Brian's mother. "It was heartbreaking to hear the severity. To hear about the internal bleeding and the damage to his body, it was crushing. You always knew that was the cause of death, but to see it described, it was just awful."

Chavez, who was driving double the speed limit, testified last Thursday to drinking three to five beers while out with friends the night before the crash, but he wasn't given a drug or alcohol test at the scene. An AT&T representative also testified that Chavez had either received or sent out a text message moments before the collision.

"It was never about the money," said Gray family friend Tom Ponton. "The most important thing for that family that happened this week was that an impartial jury found that Brian Gray was not at fault for the accident. It was the fault of Chavez."

At the end of a criminal investigation, Chavez was issued a $260 fine in August. Ramon Korionoff, a spokesman for Prince George's County State's Attorney Glenn Ivey, said at the time prosecutors did not have enough evidence to charge him with vehicular manslaughter.

As a result of Chavez's perceived light punishment, Mary Gray filed a $4 million lawsuit against Chavez and Prince George's County.

After a week-long trial, the jury reached its verdict.

Dana Paul, one of Gray's attorneys, said during his closing argument that if Chavez had been driving the speed limit, or even as much as 15 miles per hour more than the limit, Brian would still be alive, according to The Washington Post.

Ponton said the county is expected to appeal the verdict, which may prolong a final judgment for another year.

Chavez has been assigned to an administrative job where he does not have contact with the public, according to media reports.

McGehee said both the criminal and civil trials have brought the family closer together as they fought for a sense of justice.

"That was just kind of a peace," said McGehee.  "Like OK, he was really was just a kid on his way to school that morning."

"My sister's fortunate that she had family that didn't just let it go," she added. "I really feel for people who don't have that family to help them out. You got to check things out for yourself because the only people you can trust is your family. My sister learned this the hard way."

Although the county may soon file an appeal, McGehee said the family can walk away from this ordeal knowing Brian's name is cleared.

"I think [Mary] is happy enough to live with the fact that the public knows Brian was not contributing to the negligence [charge]. But money was never the important point. You can't put a price on someone's life."

hampton@umdbk.com

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Julie Stuckey
Thu Sep 24 2009 14:46
You tell them like it is Dana. God Bless You and thank you for doing a wonderful job for my sister. Our family owes you so much. YOu are forever in our hearts!!!!PS..never knew you were a cop....I knew there were good ones out there somewhere.....All this other BS these people are saying have no clue of the evidence, the pig's (yes, he is a pig, not a decent cop) perjury on the stand and everything else.....Justice has been served. He was found 100% at fault. but nothing will ever bring my nephew back nor my sister her son, nor Kevin and Lauren their brother. I thank you from the bottom of my heart Dana. You have been a true blessing to my sister.
Sam L
Tue Sep 22 2009 22:28
Thank God they already went to trial for this...maybe everyone should stop making this their own appeal. They reached a verdict and for all of us supporting Ms. Gray, we are thankful of the outcome. Personally, I think she deserves every penny she gets, if not more. Let the Gray family and Brian have peace. Jesus, it's been less than a week and random and negative people are still trying to bring her down. She witnessed the accident, she relives that day every day. And for the past year and half she's been reliving it all for justice for Brian. Let her and the family, and all of his loved ones have peace.
Your name
Tue Sep 22 2009 08:30
How sad that Mary Gray lost her husband. Her grief is immeasurable. Let's be thankful to Mary for doing something positive and holding a fundraiser golf tournament. No one should be posting negative comments when they do not know all the details of the tragic accident. Let's be a little compassionate.
Sam
Mon Sep 21 2009 21:09
I knew Brian and he was a great guy, I am glad to see some kind of justice for the family.

For those of you that didn't know Brian I am sure the family would appreciate your kind words.

For those of you that do not have something nice to say please do not say anything. We all have our opinions but do not disrespect Brian or the family please.

Any of you that think the family is selfish they have started hosting a golf tournament where proceeds go to a scholarship fund at Dematha in memory of Brian and his father to help other families who have lost a parent or sibling.

So before you say something negative please do some research.

Billy
Mon Sep 21 2009 17:14
I love how people like to tell other people what do with funds that have not even been awarded yet. Walk a mile
in someone else's shoes. You obviously do not know Mary Gray -- she is already doing many positive things
in Brian and Ricky's memory -- oh you probably did not know that her husband died of cancer in 2000.
Your name
Mon Sep 21 2009 17:11
As for Greg's comment about being shocked that the police officer lost the case you've got to be kidding. The jury spoke loud and clear. Chavez was not on duty, he was drinking the night before and he was driving twice the posted speed limit. He has no credibility.
Your name
Mon Sep 21 2009 15:16
Any hard on who wants to post smart comments on this page u can leave your name and address and then we can find out how smart u really are.if brian hit that cop he would of been arrested on the spot. Shows how in this country u really arent free and how cops can do what they want with no consequense.hope this makes the rest of them start actually do something helpful for once
Your name
Mon Sep 21 2009 14:51
There has been speculation about Brian not yielding the right of way when he was making the turn although there were witnesses that said he stopped at the stop sign. The reality is that if the officer had been driving 25 MPH the accident could have been avoided. Anyone who has seen Brian's car understands the severity of the accident. The reality is this Mary Gray's life changed forever at 7:11 AM on that fateful morning of December 10th. How would you like to be in Mary's shoes and wake up every day knowing that your son died in such a tragic senseless accident?
Your name
Mon Sep 21 2009 13:33
Miss ya B! R.I.P.
glenn mossy
Mon Sep 21 2009 13:23
Dear Greg: Had you gone to the trial it was determined that Officer Chavez DROVE into Brian Gray who had all but cleared the intersection. Had the Officer not been texting -- even though he was speeding -- he would have had ample time and 13 feet to steer to the right to thus avoid Brian. But he drove into him! A police officer at the trial who conducted the accident investigation said as much. This is why the jury ruled that it was the officer who was soley responsible for the accident.

Also, you should know that Officer Chavez pretty much said he could not remember much that morning particularly when he was using his cell phone. In other words, he all but lied on the stand which pretty much means that he very well could have had 11 or 12 beers that night/morning rather than the 3-5 he said had. He has no credibility.

Your name
Mon Sep 21 2009 12:29
While some of you may lament the outcome of this case, please put yourself in the situation of the victim's family and friends. No amount of money will bring Brian back to them; a holding that Chavez was negligent is the best justice available given the case's circumstances. It truly is a shame that a police officer's clear negligence--driving more than twice the speed limit in a residential area--cost a young man his life. I hope that the County fails in its appeal. This family deserves to maintain the peace of knowing it was not Brian's negligence that cost him his life; it was the negligence of a police officer with previous out-of-line behavior. I wish the County would allow the Gray family some peace of mind; while I understand they can ill afford a $4 million payout, it was their failure to properly regulate the quality of their officers that has led to this ordeal.

I know that Brian's family and friends will remain strong as they have throughout the entirety of this painful process. In the end, Brian's name is rightfully cleared; his family can have relief in that fact and he can rest in peace. RIP Brian. Love you...

Greg
Mon Sep 21 2009 12:14
I'm shocked the police officer lost this case. It's a shame the accident happened, and that someone lost his life, but he caused it by pulling out into traffic when he didn't have the right of way.
Your Name
Mon Sep 21 2009 11:29
If it really isn't about the money, they should donate it.
My Name
Mon Sep 21 2009 10:57
i pray someone tries to justify this cop driving 50+ in a 25 to my face ...
Your name
Mon Sep 21 2009 10:56
For those of us that knew Brian Gray and the Gray family personally, know the details of the accident and lived through that horrific day right by each others sides. We know that the cop was at fault, that Brian was drug and alcohol tested, the cop was not. It was one huge cover-up. We also know that Mary, Kevin and Lauren deserve $4 million for the grief that they have been put through in watching their son/brother suffer that day and for the pain they have suffered over the last 2 years.

For those of you that didn't know them, before you comment, please think about if you lost your bestfriend tragically. How would you feel about the situation? How would your mother feel if she witnessed a cop or anyone slam into the driver side of your car, knowing you weren't at fault? Please try to be considerate of how Brian's loved ones, friends, and family felt that day, and have felt ever since. This is justice. The cop was wrong. And they do deserve some compensation from the County.

rachel w
Mon Sep 21 2009 10:48
your name, you have no idea what his family and friends have been put through. it was NOTHING to do with money its the simple fact of closure to his family for the injustice that was brought on them. Brian was a good person and a close friend so DO NOT act like you know what you are talking about because you have no clue. double the speed limit, yea, everyone has done it, but he was going faster than 50 mph in a 25 mph zone!! it seems a little ridiculous that brians body was crushed so bad that he passed away due to chavez's speeding. would it make u feel better if it was a child walking across the street or a family on the way home? what if it was a family member or friend of yours? either way, due to his neglience it could have been anyone and maybe for u the circumstances would sink in deeper. unfortunately it was brian and i suggest you put yourself in the situation before you start commenting on something you have no clue about.......i love you bri and miss u not a day goes by that i dont think of you! and also congratulations mary, justice was served and this is a start to better laws and safety. we are all here for you and love u sooooo much!!!
An observer
Mon Sep 21 2009 10:41
Do you think any of you are doing the situation any kind of justice arguing over it like children? Screw wrong and right, money, or motive. A man is dead. A mother has lost her child. This is tragic. Think about that. Think about what matters, and let it go. I'm certain Brian doesn't want people hurling insults at each other across the Internet. Grow up.
Your name
Mon Sep 21 2009 10:01
Can you please verify if it was District Court or Circuit Court? Jury trials are heard in Circuit Court and civil cases where the judgment is this large are generally in Circuit Court. In fact a Washington Post article on this case a couple of days ago clearly states Circuit Court.
Your name
Mon Sep 21 2009 09:57
for everyone ripping into the cop "driving twice the posted speed limit" I would ask you if you ever drove 40 on campus since the posted speed limit is 20 and if you have then you are driving twice the posted speed limit too
Your name
Mon Sep 21 2009 08:24
the other driver was going 50 mph, yes, and the killed driver did not yield on a left turn, yes

the reporting here of "His body was launched 85 feet past the collision site." does make it sound like he was thrown from the car but it was the car itself that got pushed that far

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