Franklin mom sues over son's death

CAMDEN – The mother of a boy fatally struck by a Franklin police car last year has filed a federal lawsuit over the accident.

Michelle Harding is seeking more than $1 million in damages for the death of 10-year-old Matthew McCloskey, who lost his life trying to cross Delsea Drive on the night of Dec. 28, 2014. The Franklinville boy was hit by a township police car responding at high speed to a non-emergency call.

The suit names as a defendant Nicholas Locilento, the Franklin police officer driving the patrol car. It also names Franklin Township, Gloucester County and the state Department of Transportation.

Authorities said Locilento's vehicle was traveling 74 mph when the accident occurred on a dark, wet road that has a 50 mph speed limit. The patrol car's flashers and siren were not activated.

The Gloucester County Prosecutor's Office cleared Locilento in early January, finding he did not show reckless behavior and broke no criminal law.

But Prosecutor Sean F. Dalton in March ordered county police departments to standardize their response to calls. Police vehicles now must use lights and sirens when exceeding a road's posted speed limit by more than 20 mph.

Among other allegations, the suit asserts:

• Franklin Township failed to train and supervise Locilento properly. It says township officials allowed "complete discretion to rookie officers as to their speed limit, use of lights, use of sirens and related safety precautions."

• Township and county officials allowed a culture in which police showed "reckless, callous and/or deliberate indifference" to public safety while responding to calls.

• The state Department of Transportation allowed Delsea Drive to be "an unsafe road" and "the most dangerous road in the county."

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The lawsuit says the highway lacked pedestrian safety features, including rumble strips, crosswalks and reduced speed limits, in a neighborhood with a school and many children. It contends state officials ignored "letters and proposed legislation sent by politicians proposing changes" for the highway.

Attorneys for Harding filed the suit Friday in federal court, Camden. Lawyers for the defendants could not be reached.

In a review of the accident, the prosecutor's office said Matthew and two boys, ages 9 and 12, were in a foot race when they came to the highway.

"The oldest child ran across the street safely and yelled that a car was coming," it said in a statement. It said Matthew, a fifth-grader at Caroline L. Reutter School, ran into the street and turned toward the cruiser.

"Patrolman Locilento applied his brakes but was unable to avoid impacting the child," the account said.

Jim Walsh; (856) 486-2646; at jwalsh@courierpostonline.com