Family of fallen Edmond officer sues accused truck driver, employer

The family of an Edmond Police Department motorcycle officer who died July 19 from injuries suffered in a multi-vehicle crash is suing the driver accused in the deadly wreck as well as his employer.

Sgt. C.J. Nelson, 38, died after the collision near the intersection of Broadway Extension and Comfort Drive.

Police said Jay Stephen Fite’s commercial truck smashed into a group of vehicles, including Nelson's police motorcycle, stopped at a red light.

Prosecutors filed a second-degree murder charge, or alternatively, a first-degree manslaughter charge, against Fite, 54.

He is accused of operating his truck while he was under the influence of drugs when the accident happened.

In a probable cause affidavit, an Oklahoma City police officer wrote that he could smell alcohol on Fite's breath.

The affidavit said Fite initially told investigating officers he was "overworked and very tired," and that he "was going too fast and was not able to stop his vehicle before the collision."

Fite is being held without bond in the Oklahoma County jail.

On Aug. 26, Nelson’s family filed a civil lawsuit against Fite and his employer, Coontz Roofing Inc.

The family accuses Fite and Coontz Roofing of negligence.

They are seeking more than $100,000 in damages for medical and burial expenses, grief and loss.

They also seek punitive damages in excess of $100,000 against Fite and Coontz Roofing.

In the lawsuit, Coontz Roofing is accused of hiring Fite despite his alleged prior use of intoxicating and impairing substances.

“On the date of the subject collision, defendant Coontz Inc. knew or should have known that defendant Fite was unfit and unqualified to operate a commercial vehicle on public roadways for defendant Coontz,” the lawsuit states.

The roofing company is also accused of inadequately training Fite and failing to implement or enforce a drug program for its drivers.

An attorney for the family did not immediately return a message seeking comment. Coontz Roofing’s phone went to voicemail. A message was not returned.

Billy Coyle, a defense attorney for Fite, previously told The Oklahoman he believes prosecutors are aiming for a murder conviction because Nelson was a police officer, and they will have to prove both that his client was under the influence of alcohol and drugs and that they contributed to the accident in order to obtain a conviction on either charge.

Coyle argued a more appropriate charge would be negligent homicide, a misdemeanor.

Edmond police said Nelson was the first officer in the department to die in the line of duty.

He died just before his 13th anniversary as an Edmond police officer.

This article originally appeared on Oklahoman: Edmond police officer's family sues driver, employer for fatal crash