DeKALB – The disciplinary hearing for two Sheriff's deputies accused of violating departmental policies during a fatal police pursuit in March continued Tuesday, but it could be another month before a decision is made, DeKalb County Sheriff Roger Scott said.
Scott has recommended Deputy Meagan Pettengell be fired and that her husband and supervisor that evening, Sgt. Ryan Pettengell, be suspended for 60 days without pay. The commission will decide if the two violated any policies, and if so, what their punishment should be. Both have been suspended without pay since June 23.
DeKalb County Sheriff's Deputy Dave Christiansen on Tuesday provided expert analysis of the March 30 crash that ended in the death of a Kingston man, Jeffrey Nissen.
Christiansen, who has received more than 100 hours of special training on crash investigation, said the crash was one of the worst he'd seen.
"It was a complete disaster, probably one of the worst-wrecked vehicles I had seen in my training or in any of my investigations," he said. "It was a mess – almost to the point that I had to take extra time to figure out if I was looking at the front of the car, at the engine or at the trunk in the back."
Christiansen investigated the scene after the crash, but didn't know Meagan Pettengell had witnessed it until after he had written a supplemental report of his findings, which did not include the speeds of either vehicle, per order of DeKalb County Sheriff Deputy Chief Gary Dumdie, he said. Christiansen learned only in passing that she had seen the crash happen, he said.
Although Christiansen was prepared to check how fast Nissen had been driving during the chase, Dumdie told him not to get a speed estimate and that it would be reported somewhere else, Christiansen said.
One of the Pettengells' attorneys, Laura Scarry, frequently objected to questions regarding the specifics of the crash, since she said it was irrelevant to determining whether the Pettengells had violated departmental policies.
However, the crowd gathered at the hearing became audibly irritated as some of Scarry's objections to the questioning were denied by DeKalb County Sheriff's Office's Merit Commission Attorney John Kelley.
Although Scott must prove that any violations happened, the Pettengells' attorneys Scarry and Jim DeAno have subpoenaed several witnesses, who will likely be called to testify in the coming weeks, Scott said.
Footage from the dashboard camera in Meagan Pettengell’s squad car the night of the pursuit showed the deputy reached up to 111 mph during the chase, and maintained high speeds as she approached the scene of the crash at Baseline Road just east of Malta Road, after being told to terminate the pursuit.
However, it might be possible to safely travel at 85 mph in that area, Christiansen said.
"It could be possible given the correct environment, correct conditions, correct lighting," he said. "It could be possible."
Also, although terminating a pursuit only specifically requires turning off emergency lights and sirens, an officer traveling as fast as Meagan Pettengell should have their lights on, Christiansen said.
"The intersection in and of itself is not very safe," he said. "There's limited visibility in all different directions."
The hearing continued late Tuesday evening as Scarry cross-examined Christiansen.
The commission's next scheduled meeting is scheduled for Oct. 20 with testimony from Scott. The date is subject to change, given the scheduled due date for the Pettengells' child.