Kansas City Star
GREENE COUNTY, Mo. — The volunteer firefighter accused of causing a crash that killed Greene County Deputy Gary McCormack in 2007 will not face prosecution under an agreement filed Monday in court .
After more than a year’s wrangling, Joshua C. Douglas, 27, reached a deferred prosecution agreement with Greene County prosecutors, effectively eliminating a charge of misdemeanor careless and imprudent driving.
Under the deal, Douglas will not be able to serve as a volunteer firefighter for at least a year and must enter into mediation with McCormack’s widow. He also must stay out of trouble for the next two years.
“Our concern was that he doesn’t need to be a volunteer firefighter right now,” Greene County Prosecutor Darrell Moore said. “I have some concern about his maturity.”
The charge against Douglas emerged in early 2008, about four months after he is accused of failing to yield at a stop sign at Farm Road 145 and Greene County WW, colliding violently with McCormack’s cruiser.
Both Douglas, a volunteer firefighter in Ebenezer, and the 32-year-old deputy were responding to a car accident when the wreck occurred on Oct. 6, 2006.
Douglas has said in court filings he has no memory of the accident, nor events directly preceding it. Still, he denies being at fault and is both a defendant and plaintiff in two lawsuits stemming from the crash.
A Missouri Highway Patrol reconstruction of the crash found the firefighter responsible, but an independent reconstruction called that finding into question, said Bert Twibell, Douglas’ criminal defense attorney.
Douglas had rejected earlier deferred prosecution offers, which would have required him to formally admit guilt, Twibell said.
“Then they came up with a workable solution where we did not have to do that,” Twibell said. “It was what I feel is a win-win situation.”
The agreement bars Douglas from acting as a volunteer firefighter for two years. That period could be decreased to one year if Douglas completes courses through the University of Missouri Fire and Rescue Training Institute, where he has already enrolled.
The deal also requires Douglas to speak with a mediator from Missouri State University, who will also speak with Stephanie McCormack, the deputy’s widow. If the parties agree, Stephanie McCormack and Douglas might meet to speak directly with one another, a discussion that would not be admissible in court.
“At this point what I’m concerned with is Mrs. McCormack’s well-being,” Moore said. “It’s an opportunity for each side to talk about what happened.”
Moore also hopes to heal relations between area law enforcement and volunteer firefighters.
“There were frictions between law enforcement and volunteer firemen even before this thing happened,” Moore said. “This stirred it up.”
At issue is what some perceive as lax training requirements for volunteer firefighters, many of whom drive vehicles equipped with a blue “courtesy light.” There is no codified training regimen for volunteers under Missouri law, something Moore and others hope to change.
Moore said it’s not rare for him to receive complaints about the driving of so-called blue light responders.
“This has turned too personal,” Moore said.
He wants to set up an open meeting where volunteer firefighters and law enforcement officers can air their grievances and discuss the issue.
Eventually, Moore said he’d like to work with legislators to establish minimum training requirements.
He’ll likely find a willing helper in State Rep. Shane Schoeller, R-Willard. After speaking with Stephanie McCormack, Schoeller began looking into legislating minimum requirements last session.
He pulled back, however, after his efforts sparked backlash from volunteer firefighters .
“At the time, there was some people concerned that the requirements were going to be a lot more excessive than my intentions were,” said Schoeller. He noted that volunteer firefighters seemed primarily concerned with how much required training might cost. “Which I share with them.”
Still, Schoeller said he believes safe, cost-efficient training standards can be achieved.
“I’m still looking at it,” he said. “In my opinion, the benefits would outweigh the costs if you have people who are adequately trained.”
Copyright 2009 Kansas City Star