Family wants federal probe, firing of Auburndale officer after girl's death in crash

The family of a 5-year-old girl killed Nov. 25 in a crash involving an Auburndale Police vehicle has demanded the firing of the driver and an investigation by the Department of Justice.

Jalina Anglin was a passenger in a 2016 Kia sedan driven by her mother, Jermanica Anglin, according to a news release from Black Lives Matter Restoration Inc. and The Poor and Minority Justice Association, which held a joint news conference Monday evening with family members outside the Auburndale Police Department.

The collision occurred about 10 p.m. on U.S. 92 at Havendale Boulevard.

The Polk County Sheriff’s Office, which is handling the investigation, offered this description: Auburndale Police Sgt. Danny Swan, responding to a call of a Polk County sheriff’s deputy involved in a physical fight with a suspect, was driving east on U.S. 92 in a marked, 2020 Chevrolet Silverado pickup truck in emergency mode, with lights and sirens activated.

Jermanica Anglin’s Kia sedan was stopped for a red light on northbound Havendale Boulevard, which merges into westbound U.S. 92. When the light changed to green for northbound lanes, traffic held for the approaching police vehicle, according to multiple witness statements, PCSO reported.

Anglin later told detectives that she heard the sirens but began to proceed into the intersection as she saw a vehicle next to hers moving forward, PCSO said. The Kia crossed into the path of the police truck, and the two vehicles collided. A photo from the scene released by the Polk County Sheriff’s Office showed the front end of the Kia severely compacted.

Jalina, who had been riding in the rear seat, was taken to a hospital but was pronounced dead upon arrival, a news release said. Jermanica Anglin was treated for a broken wrist, and Swan suffered no injuries. Both drivers were wearing seat belts, the release said.

Family takes issue with details

In a news release tied to Monday’s conference, the two organizations supporting the family strongly criticized the Auburndale Police Department and the Sheriff’s Office, disputing some details of PCSO’s description.

The family statement said that Swan “was observed” driving at about 85 mph as he approached the intersection. PCSO said it had not yet determined how fast Swan’s truck was traveling and would access computers in both vehicles to help determine speeds.

In its initial release, PCSO said that it hadn’t determined whether Jalina was secured by a seat belt. The family’s statement accused Polk County Sheriff Grady Judd of making “inflammatory” remarks to the media, suggesting that his agency was investigating Jermanica Anglin to determine whether Jalina had worn a seatbelt despite “credible evidence” that she was properly secured.

The family statement, citing witness testimony, claimed that Swan failed to render aid to Jalina or Jermanica Anglin and remained in his vehicle for several minutes after the crash until other members of law enforcement arrived and removed him from the area.

Auburndale Police Chief Terry Storie emailed The Ledger an audio recording of radio transmissions from the period immediately after the crash. He said the recording confirmed that another officer arrived on the scene 12 seconds after Swan called for assistance shortly after the crash.

The recording indicates that the backup officer requested emergency medical services 19 seconds later, and officers were performing CPR on Jalina within one minute of Swan’s call, Storie said.

The statement from the two organizations supporting the family said Swan’s decision to remain in his vehicle after the crash was “inexcusable and negligent.” The statement called for Swan’s immediate firing.

The family statement criticized Judd for what it called an “unsubstantiated report” that Swan was responding to an emergency call when the crash occurred. Even if Swan was responding to an emergency, the statement said, he was not justified in driving through an intersection at high speed and that he had “an obligation to pay attention to oncoming traffic when approaching a red light.”

“Sergeant Swan's decision to speed through a red light without any regard for the safety of passengers traveling the opposite direction proved to be NEGLIGENT & RECKLESS & Sergeant Swan's negligent decision took the life of an innocent 5 year old child & a family is now devastated and will forever be torn apart,” the statement said.

The statement called for the Department of Justice to investigate and to charge Swan with vehicular manslaughter.

Carl Soto of Black Lives Matter Restoration Inc. said Thursday that the family was declining further media interviews on the advice of their lawyer.

What are the guidelines for emergency responses?

Storie shared the Auburndale Police Department’s general orders for emergency vehicle operation, last revised in 2021. It describes a Priority 1 call as an emergency situation with a high probability of death or serious injury or the response to a felony or misdemeanor in progress, in which the likelihood of injury to a person exists.

In a Priority 1 response, a police vehicle employs blue and red emergency lights and a siren, and four-way flashers and flashing headlights may also be used, the orders say.

Under the header “Response speeds,” the orders state: “Response speeds for Priority 1 responses shall not exceed a reasonable and prudent level based on the speed limit. Weather and traffic conditions shall always be considered when determining whether high speed driving is appropriate.”

A subsequent paragraph covers procedures for approaching intersections.

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“No police vehicle is authorized to proceed through an intersection displaying a red light or stop sign without first stopping,” the order says. “After stopping, a police vehicle can proceed through an intersection against a red signal or stop sign, only after the member has ascertained that all other traffic has stopped. The police vehicle must be flashing its blue/red lights and sounding its siren or horn when required to warn other vehicular and pedestrian traffic near or approaching the intersection.”

A spokesperson for the Florida Department of Law Enforcement said the agency does not have authority over municipal police departments and does not issue standards for responding to emergency calls.

Swan remains on administrative leave, Storie said.

“Sergeant Swan is devastated,” Polk County Sheriff Grady Judd said in a statement. “Even though he was perfectly in his right to run emergencies through the light, it still doesn’t make it any better for him or for the family of this child that is deceased.”

Storie used the same word, "devastated," to describe Swan’s response to the tragedy.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on X @garywhite13.

This article originally appeared on The Ledger: Family wants Auburndale officer fired, charged after crash death