Photo supplied, Weber County Attorney's Office

OGDEN — A Weber State University police officer apparently was speeding — 19 mph over the limit, by one calculation — when his patrol cruiser struck and killed a pedestrian on Washington Boulevard last Sept. 30.

The officer, Paul Tavake, also told a responding Ogden officer that he briefly looked down at his police laptop computer before his car hit William Casselman, 69, in a crosswalk at Washington and 27th Street at about 10:40 p.m.

After reviewing a report of the incident by his office’s Force Investigation Team, Weber County Attorney Christopher Allred concluded there was no criminal negligence on Tavake’s part. “It was an unfortunate, terrible accident,” Allred said Tuesday.

As for potential speeding or inattentive driving infractions, Allred said his office did not forward any recommendations to the Ogden City prosecutor’s office for citations because the evidence of speeding was “vague” and inexact, and law enforcement personnel are allowed by law to look at electronic devices while driving.

A city prosecutor’s office employee who declined to give her name said Wednesday there are no traffic citations against Tavake on record in Ogden City. Prosecutor Greg Burdett did not immediately return a phone call regarding the Tavake matter.

Photo supplied, Weber County Attorney's Office

According to the investigative report, Ogden police accident reconstruction investigator Mark Johnson calculated Tavake’s estimated speed at the time of the crash at 54 mph in a 35 mph zone. However, the estimate had a 9 mph margin of error, meaning a potential range of 45 to 63 mph.

A police dispatch electronic log reported Tavake’s vehicle was going 47 mph at 150 feet from the intersection. Investigators also attempted to download the patrol cruiser’s “black box,” which might have shown the speed at impact. “This was unsuccessful due to the box malfunctioning and not powering up,” the report said.

Allred said Wednesday that the speed estimates “are important for accident reconstruction, but it’s probably not the kind of evidence which you could convict anyone with.” Speeding citations usually are based on radar readings, he said. “The reason we didn’t forward this with any direction (for citation) is because we don’t know how you prove precisely that speed.”

He said Tavake’s case received “exactly the same evaluation of the evidence” as any other case. “The fact that he is a police officer does not change that analysis,” he said.

The investigative report said Tavake told an Ogden officer that night, “I looked down at the (laptop) and looked up and the guy was right there.” The report said looking at the laptop would fall under state law prohibiting use of a handheld wireless communication device while driving. However, that law exempts police officers when they are using such devices as part of their duties.

“Investigators found no evidence on either device (laptop or phone) to show that Officer Tavake was sending any messages, watching videos, or had apps open. He was not chatting with anyone on the computer,” the report said.

The investigation also showed that Casselman was crossing the intersection with the “Do Not Walk” symbol lighted. Casselman had pressed the button to cross, but the light had turned green two seconds before, meaning he would not get the safe-to-cross signal until the lights cycled again, the investigation found.

Casselman, using a cane and crossing west to east, initially was protected by a red light, but past the halfway point it turned green. The crash happened in the outside lane, Tavake entering the intersection on a green light.

Upon impact, Casselman was propelled about 40 feet of distance in the air and then slid 111 feet on the pavement, according to the report. A subsequent autopsy report determined Casselman died of multiple blunt force injuries.

“Evidence suggesting that Casselman was difficult to see while he was in the intersection can be observed on the surveillance footage,” the report said, referring to a nearby business’s video that police reviewed.

Tavake, driving northbound, was en route on a standard patrol to check on WSU’s downtown center at 2314 Washington Blvd. The report said Tavake has been on the Weber police force since April 2020, assigned to the patrol division.

The county attorney’s report said Tavake declined to speak to investigators, which is an increasingly common decision by officers involved in incidents leading to deaths. Police association attorneys often advise officers not to speak to the criminal case investigators. But meanwhile, officers are required to speak to their department’s internal investigators.

The Weber police department put Tavake on paid leave after the crash, the usual practice while incidents are being investigated.

In response to questions about Tavake’s status, Weber State spokesperson Allison Hess said Wednesday that the officer was returned to duty Nov. 15. “We relied on the county’s investigation” to reach that decision, she said.

However, the case remains under review in the Weber police department.

In a prepared statement for the university, Hess said, “Weber State is now conducting an internal review, which we do wherever there is an incident involving injuries. The investigation may result in disciplinary action or remedial training.”

The statement added, “We continue to offer our sympathies for a life lost in the Ogden community.”

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