An Ocala police officer failed to investigate a possible DUI before a crash that killed two people early Tuesday morning.
The incident has triggered a formal internal affairs investigation, and the lead officer has been placed on paid administrative leave.
The crash happened at the intersection of Southeast Maricamp Road and Southeast 36th Avenue. A 50-year-old woman and her 31-year-old son were pronounced dead at the scene.
The mother and son were later identified as De Lawn Marshall Duncan and Eric Derick Maurice McGill, respectively.
What officers knew before the crash
Before the collision, officers made contact with the occupants of the other car, two brothers, in the 2400 block of State Road 200.
The pair had been involved in an argument with each other and had pulled off to the side of the road. Officers interacted with them at that location.
Officers say it seems like both individuals had been drinking.
Despite that interaction, officers did not investigate whether either driver was impaired before they let them back on the road.
Internal affairs investigation
The failure to investigate a possible DUI prompted a formal internal affairs investigation.
The lead officer, described as extremely new to the force, having been out of field training for only 30 days, is now on paid administrative leave pending the outcome. The investigation will take approximately four weeks.
A backup officer was also present but did not have full knowledge of the situation, officials said.
Police Chief Mike Balken has since met with the victims’ family.
Where the case stands
Traffic homicide investigators are handling the crash investigation. The case was referred to the State Attorney’s Office, but prosecutors determined the circumstances do not rise to the level of a criminal offense for that officer.
Victim advocates have been in contact with the family.
The husband and stepfather of the two victims tells News 6 that the family has retained an attorney and has referred all further questions to her. It is unclear whether the family plans to file a lawsuit against the Ocala Police Department; a request for comment has not yet been returned.
A GoFundMe created by a relative describes an accident the family believes could have been prevented.
Meanwhile, an attorney for the family provided the following statement about the case:
“We appreciate the Ocala Police Department’s transparency over the last several days and its willingness to address the circumstances surrounding this tragedy.
While we recognize and appreciate that transparency, it should not overshadow the decisions and events that preceded this devastating loss. This tragedy began with the decision of the Driver to get behind the wheel after drinking. There are also serious questions regarding the actions and missteps of the officer who encountered the Driver prior to the crash, including what occurred after law enforcement was advised that he had been drinking. Those circumstances deserve careful scrutiny and accountability.
At the center of all of this, however, is a family experiencing an unimaginable loss. Delawn Duncan was a mother, wife, and sister, and Eric Gill was her son. Their family is now faced with grieving and laying to rest two loved ones at the same time.
At this time, we respectfully ask that the family be given the privacy and space they need to grieve. For those who would like to show their support, we encourage you to support the family through their GoFundMe as they navigate the difficult days ahead and prepare to lay Delawn Duncan and Eric Gill to rest.”
Atty. Janise Turner and Courtnie Harris Power Injury Law, PA