ROCHESTER — The family of Olivia Flores, the 18-year-old who died in a fatal crash involving a Minnesota State Patrol squad car, plans to pursue a wrongful death action against MSP Trooper Shane Roper, according to the family's lawyer, Tom Braun of Restovich Braun & Associates. However, a lawsuit has not been filed as of Wednesday, July 10.
Braun said the law firm's investigation is not finished and said it would be "premature to comment on inclusion of other individual defendants."
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including felony counts of second-degree manslaughter, criminal vehicular homicide and criminal vehicular operation.
According to the criminal complaint, the crash occurred on May 18 at the intersection of Memorial Parkway and 12th Street Southwest, near Apache Mall.
Before the crash, Roper was traveling 83 mph in a 40-mph zone. Witnesses told police that the oncoming vehicle was "flying" and said they did not see or hear emergency lights or a siren, according to the complaint.
Due to the speed, Roper was unable to brake or maneuver his squad car to avoid the collision, the investigation found. The impact sent both cars eastbound through the intersection to collide with a Toyota Rav4. The criminal complaint said Roper's vehicle was traveling "at least" 55 mph when his squad car struck the Ford Focus that Flores was a passenger in.
Flores, of Owatonna, died as a result of the crash days away from her high school graduation. Five other individuals were injured.
Weeks after the incident, Roper confirmed to law enforcement that he was attempting to "close the gap" between his squad car and a vehicle suspected of violating a traffic code. Roper said the pursuit was not active and he was not paying attention to his speed. He told police he did believe his lights were activated.
Disciplinary records show Roper has been involved in four prior crashes while driving his squad car either "due to inattentive driving or excessive speed," the complaint said.
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"It is heartbreaking and unacceptable to the Flores family that the State of Minnesota allowed Trooper Roper to be on the road in a Minnesota State Patrol squad car after knowing that he posed a clear danger to others," Restovich Braun & Associates said after charges were filed against Roper on July 9.
The family is calling on Minnesota Public Safety Commissioner Bob Jacobson, MSP Col. Christina Bogojevic and Gov. Tim Walz to start "an open and independent investigation" into the agency's policies and procedures to "avoid such a senseless and preventable tragedy in the future."