By Bridget Murphy
The Florida Times-Union
JACKSONVILLE, Fla. — A man was dead and 17 months later, it was time for Jacksonville District Fire Chief Adrian Johnson to stand before a judge and answer for it.
Hands folded and head down, Johnson looked penitent as he waited alone on a bench outside Courtroom 32 before his hearing began Wednesday. When it did, the chief pleaded no contest to a misdemeanor charge of culpable negligence in the death of a 75-year-old man whose truck he hit while speeding to a fire.
While they weren’t in court, the family of victim Howard Corrigan received an apology from Johnson, who said they’ve been in his prayers since the November 2008 incident. The chief also told County Judge James Ruth the same thing one of Corrigan’s daughters said about him in an interview Wednesday.
“I live with it every day, and I have to live with it the rest of my life,” Johnson said of the Orange Park man’s death.
Ruth sentenced the 23-year fire department veteran to a year of probation and 100 hours of community service at the Police Athletic League.
A conviction won’t be on his record if he completes his probation — part of a sentencing recommendation from the state. Johnson also showed he had repeated a training course in emergency vehicle operation.
Assistant State Attorney Mark Borello told the judge Corrigan’s family hadn’t asked for Johnson to serve jail time. He could have spent a year behind bars.
Johnson’s notice to appear in court said he was driving at least 85 mph in a 35-mph zone when he ran a red light and hit Corrigan’s vehicle. The chief told police at the time he had a green light and the emergency equipment on his marked fire department Chevy Tahoe was on when he crashed.
In court Wednesday, Borello said that there was no dispute about Johnson’s emergency lights being on, but it was unclear if he was also using his siren or horn.
The prosecutor said later that while there was video of the crash from a nearby gas station camera, it was grainy and didn’t show the color of the traffic light, only drivers reacting to it.
Borello said the state didn’t charge Johnson with a felony because he had been acting in his role as an on-duty fire official.
“With a first responder being allowed to violate traffic laws, we didn’t feel it rose to the level of vehicular homicide,” he said.
Department protocol says emergency responders should approach intersections with caution and stop at red lights even if their vehicle’s lights and siren are on, fire spokesman Tom Francis said Wednesday. He said Johnson has been on desk duty since the crash and will remain so as fire officials review department policy and re-evaluate the chief’s actions now that the criminal case is over.
City Deputy General Counsel Howard Maltz said it will be up to fire administrators to decide Johnson’s employment future. He said city lawyers would handle any matters that might arise in civil service arbitration.
Maltz also confirmed the city reached an out-of-court settlement with Corrigan’s family in November 2009, paying the $200,000 state law sets as the liability cap in such cases.
Among other survivors, Corrigan left behind a wife of 55 years following the crash at 21st and Liberty streets.
His daughter, Karen Avery, said he was making a delivery for the nearby chemical company he worked for when it happened. Before that, Corrigan served in the Air Force and as an air traffic controller.
Avery said it would be satisfying for her family if Johnson wasn’t allowed to drive a fire vehicle again. She’s tried not to think too much about the fire chief and what justice would be, but hopes all the city’s emergency responders will learn from what happened and remember her father’s death.
She knows there is one who always will.
Copyright 2010 The Florida Times-Union