BAKERSFIELD, Calif.– The Kern County Sheriff’s deputy, who hit and killed two pedestrians with a patrol car in December 2011, was sentenced Thursday to 480 hours of community service and three years probation with one day in custody.
John Swearengin is also ordered to pay restitution to the families in an amount to be determined. Prior to sentencing, Swearengin issued an apology to the families in a prepared statement.
According to Hiler’s family, this is the first time they had heard an apology.
Swearengin will report for probation in five days.
An internal affairs investigation is still ongoing.
On Dec.16, Swearengin struck and killed Chrystal Jolley, 30, and Daniel Hiler, 24, as the two were pushing Hiler’s motorcycle across Norris Road.
Swearengin was charged with two counts of felony vehicular manslaughter with gross negligence. He had previously been disciplined by the Sheriff’s Department for poor driving, which prosecutors tried to use against Swearengin to prove a pattern of demonstrated gross negligence.
However, Swearengin’s defense attorney argued that personnel records were inadmissible, which Judge John Lua agreed with. As a result, charges were reduced due to a lack of evidence proving negligence.
Swearengin took a plea deal on Aug. 14, pleading no contest to one count of misdemeanor vehicular manslaughter without gross negligence. The deal would allow Swearengin to not spend any time in jail and likely be able to keep his job with the Sheriff’s Department.
In September, 2013, a 10-month investigation by the CHP’s elite accident reconstruction team recommended that Swearengin be charged with felony vehicular manslaughter in connection with the death of Jolley and Hiler.
The report states that Swearengin drove at 80 mph without emergency lights in a 45-mph zone which he knew pedestrians frequently cross, according to the CHP Multidisciplinary Accident Investigation Team.
The 200-plus-page report states Deputy John Swearengin was primarily responsible for the accident.
Swearengin stated that he was in route to assist another officer but CHP said that without his emergency lights on he is required to follow the same rules as any other driver. Details of the report can be viewed below.
Swearengin would have faced up to 12 years in prison for both felony counts.
The CHP report concluded:
Based on the investigation, it is the determination of the California Highway Patrol, Party 1 (Swearengin) violated California Penal Code Section 192(c) (1), vehicular manslaughter with gross negligence.
Swearengin was determined to be the primary cause of this collision. He showed "gross negligence" at the time of the collision, based on the following:
---Party 1 (Swearengin) drove Vehicle 1 (Ford) 84.9 mph on a roadway posted with a 45-mph speed limit.
---The collision occurred during hours of darkness.
---The placement of signs in the area clearly indicated the posted 45 mph speed limit.
---The placement of signs in the area clearly warning of possible pedestrian traffic.
---Party 1 (Swearengin) has worked as a KernCounty deputy sheriff for five years and had patrolled Oildale (the area of the collision) for four years. He stated he was familiar with the area, and familiar with seeing pedestrians in the area.
---As a sworn Kern County Deputy Sheriff, Party 1 (Swearengin) understood the provisions of California Vehicle Code Section 21055 (Exemption of Authorized Emergency Vehicles) which states in essence the driver of an emergency vehicle is exempt from the rules of the road if he sounds a siren as reasonable necessary and the vehicle displays a lighted red lamp visible to the front as a warning to other drivers and pedestrians.
---Party 1 (Swearengin), while en route to an emergency call, chose not to activate his forward red lamp or his siren to warn other drivers and pedestrians as he drove well above the posted speed limit through a populated residential/business area.