SAN ANTONIO – The Bexar County Sheriff's Office provided answers Monday to several questions KSAT 12 News has been asking about a fatal accident involving an on-duty deputy earlier this month.
Tuesday will be three weeks since Deputy Richard Hammock struck a pedestrian with his patrol vehicle on Donop Road in southeast Bexar County. The victim, 33-year-old Lawrence Kindel, was airlifted from the scene but later died from his injuries.
The agency was quick to call the incident an accident even though vehicle logs show the deputy was speeding.
According to an accident report detailing the Feb. 2 crash, investigators did not test Hammock for the use of drugs or alcohol.
When asked why, spokesman James Keith said in an emailed response, "We don't test unless there is probable cause or we suspect that the deputy is impaired. We always have numerous individuals at these scenes, including supervisors, who can make the decision to test for drugs or alcohol if it is believed the deputy is under the influence."
While the agency believes Hammock was sober, it did acknowledge he was speeding at the time of the accident.
According to the deputy's Automatic Vehicle Location log, Hammock was going 55 mph just before the crash. The posted speed limit on Donop Road is 35 mph.
While Hammock was responding to a call when he was involved in the accident, it was a non-emergency, which would prevent him from speeding.
The AVL log also showed Hammock appeared to exceed the speed limit at other times during his shift, but it's not clear if he was headed to an emergency call at those times.
Hammock's speed was cited as a contributing factor in the accident.
The report also lists a second contributing factor to the accident. Investigators said Kindel was walking in the traffic lane while wearing dark clothes on a dark street with no street lights.
The report shows Kindel was in the road when he was struck.
Following the accident, sources said it wasn't the first time Hammock had been involved in a crash as a deputy. When asked about Hammock's driving record, Keith said the deputy, a 10-year veteran, had been in three other accidents, but no further details were provided.
KSAT 12 News also asked if Hammock was using a cellphone or his in-car computer system leading up to the crash. That information was unknown, according to Keith.
Hammock took some personal time off following the accident. Keith said he took a total of nine days; five were vacation days, the other four were considered weekend days also known as relief days.
When he returned to duty on Feb. 12, Hammock was put on "ride-only status," which means he's not permitted to drive a patrol vehicle.
An attorney representing Kindel's family said the family has not yet filed a lawsuit. They are waiting for the results of the county's investigation, which is ongoing.