Pact means no trial for ex-firefighter for crash that killed deputy

by KY3 News

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Pact means no trial for ex-firefighter for crash that killed deputy

By Gene Hartley

SPRINGFIELD -- Greene County prosecutors agreed Monday not to go to trial against a former volunteer firefighter whose car collided with a sheriff's deputy's patrol car, killing the deputy. In return for the deferred prosecution of a misdemeanor charge of careless and imprudent driving, Joshua Douglas, 27, agreed to several conditions. He won't be able to be a firefighter for two years (or one year if he completes a University of Missouri firefighter course that he's taking), agreed to mediation with the widow of Deputy Gary McCormack, and must avoid criminal charges for the next two years.

Douglas is charged for the collision on Oct. 6, 2007, that occurred when he and McCormack, 32, were responding to a car accident in northern Greene County. Douglas was in his personal car and rushing toward an Ebenezer fire station to get a fire engine. They collided at an intersection after the Missouri State Highway Patrol said Douglas failed to yield at a stop sign.

Douglas says he doesn't remember the accident but still argues he's not at fault. His attorney says an independent accident reconstruction questions the Highway Patrol's conclusion about the crash.

Stephanie McCormack and Douglas sued each other over the crash. McCormack's wrongful death lawsuit names the Ebenezer Fire Department as a co-defendant. Douglas' personal injury lawsuit names Greene County and the sheriff's department as co-defendants. The mediation that's part of the deferred prosecution agreement could lead to settlements of those cases.

Prosecutors offered Douglas a deferred prosecution agreement previously but he rejected them because he would have had to admit responsibility for the crash. If Douglas violates terms of the agreement, prosecutors could opt to take the case to trial. On conviction, the charge carries a penalty of a county jail term up to a year or a fine up to $1,000.

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