Megan Cassidy

The Republic | azcentral.com

Maricopa County Attorney%27s Office is being asked to weigh whether Deputy Sean Pearce should be prosecuted for manslaughter

Pearce was driving at a maximum speed of 81 miles an hour in the 40 miles per hour zone seconds before the crash%2C according to Glendale police

Pearce%27s Chevrolet Tahoe T-boned a Nissan Cube in December%2C killing a 63-year-old driver

A Maricopa County sheriff's deputy was driving at a rate more than twice the speed limit moments before his Chevrolet Tahoe T-boned a Nissan Cube in December, killing the 63-year-old driver.

Now, three months after the crash, the Maricopa County Attorney's Office is being asked to weigh whether Deputy Sean Pearce should be charged with manslaughter in the death of Glendale resident John Harding.\

Glendale police recently asked County Attorney Bill Montgomery's office to consider bringing the charge.

Montgomery confirmed Wednesday that the case is under review.

Pearce is the son of former Arizona Senate President Russell Pearce, who thew his support behind Montgomery's 2010 bid to become county attorney.

Russell Pearce also is a former high-ranking official with the Sheriff's Office and a political ally of Sheriff Joe Arpaio.

On Dec. 16, Pearce was driving an unmarked police vehicle northbound on 59th Avenue when he struck the Cube as it was turning left onto 59th Avenue from Hayward Avenue, according to a Glendale police report.

Harding died at a hospital shortly thereafter.

Pearce was driving 81 miles an hour in the 40-mile-per-hour zone seconds before the crash, according to Glendale police.

Pearce, who said he works in the violent-crime unit, was working with homicide detectives conducting surveillance on a suspect.

The suspect left an apartment complex and was being followed on 67th Avenue, while Pearce and a detective in a separate vehicle assisted by "paralleling" a few miles back on 59th Avenue, the report said.

Pearce told investigators he knew he was going to hit the car because it pulled out in front of him.

Pearce said he attempted to turn in hopes that he would strike the car at its rear, but his brakes locked and the Tahoe instead struck the side of the Cube.

The driver, Pearce said, was looking the other way the entire time, even when the impact occurred. The crash report said the driver of the Cube failed to yield the right of way. The Tahoe's speed at impact was between 48 and 53 miles per hour.

Pearce told investigators that his vehicle pushed the Cube out of the way, saying it felt as though the vehicles were "on ice."

Pearce is on regular duty, said Sheriff's Office spokesman Chris Hegstrom in an e-mail on Tuesday.

Hegstrom said an internal-affairs investigation won't begin until the criminal portion has run its course.

At a news conference on Wednesday, Montgomery said prosecutors will examine evidence to determine whether criminal charges will be filed against Pearce or if the matter would be better handled in the civil system.

"One of the first things is trying to determine whether or not the facts involved support criminal liability versus something that, really at the end of the day, amounts to a horrific accident that is more appropriately resolved in a civil contest," he said.

In general, Montgomery said, attorneys will look for a combination of factors such as speeding, impairment or another criminal offense related to the case.

"Typically, in reviewing vehicular cases, speed alone may not be enough," he said. "We may look for something else in addition to that."

Harry Ryon, a former sergeant and 24-year veteran of the Los Angeles Police Department who specialized in traffic enforcement and collision reconstruction, said law-enforcement officers have the right to violate all traffic laws but only when emergency lights and sirens are activated and when it can be done safely.

Ryon said Pearce "did not have the right under state law to be driving that fast" in the unmarked vehicle with no emergency lights.

Per Arizona law, any rate more than 21 miles over the limit is considered criminal speeding.

"If you're not on an emergency run, you're supposed to obey traffic laws," Ryon said.

Ryon said another problem he sees has to do with "gap acceptance." The driver making a left turn may see an approaching car, but still turn, assuming he has the time. Harding, Ryon said, probably didn't realize that the Tahoe was driving as fast as it was.

There were several ways in which this accident could have been avoided, Ryon said: First, why didn't sheriff's deputies call Glendale police and have a marked unit make the stop? And why didn't Pearce make an evasive lane change to the right, as is taught in police pursuit driving?

Had Pearce followed this procedure, Ryon said, "There would have been no accident."

Ryon said Pearce could be charged with manslaughter for killing someone by reckless behavior.

The Pearce family has seen its share of legal woes.

Another of Russell Pearce's sons, Joshua Pearce, was arrested in 2011 on two outstanding warrants tied to probation violation and failure to appear. He was later sentenced to six days in jail.

Attempts to reach Sean Pearce were unsuccessful.

Montgomery said his office would take into account all applicable law.