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Mauricio Luna

Age : 27

Gender : Male

Race : Latino/a/e

Date : 08/13/2021

Location : Kingston Pike at Cheshire Drive, near Papermill Drive

City : Knoxville

County : Knox

State : Tennessee

Agency : Knoxville Police Department

Officer(s) :Cody Klingmann

Cause of Death : Vehicle

Event : Bystander killed when speeding police officer crashed into his vehicle while responding to burglary call

OPEN RECORDS SUMMARY :

On 08/13/2021, 27-year-old Mauricio Luna was killed when Knoxville Police Department Officer Cody Klingmann crashed his police cruiser into Luna's vehicle on Kingston Pike near Papermill Drive while Klingmann was responding to a reported burglary in progress. This was not a police pursuit; Luna was an uninvolved motorist and was not being stopped, followed or pursued by police.
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At approximately 3:00 a.m., KPD officers were dispatched to a reported burglary in progress at a business in the 4800 block of Kingston Pike. Klingmann was driving eastbound on Kingston Pike toward the call when Luna pulled onto Kingston Pike. The vehicles collided. Luna was pronounced dead at the scene. Klingmann suffered minor injuries and was transported to a hospital.
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Later evidence substantially changed the picture provided by the initial police account. Luna's family alleged that Klingmann was driving as fast as 90 mph on Kingston Pike without properly activating his emergency lights. Court filings stated that Klingmann was traveling approximately 81 mph at the moment of impact. The posted speed limit was 45 mph.
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The Tennessee Highway Patrol investigated the collision and determined that Klingmann was not wearing his seat belt. The family's lawsuit also alleged that Klingmann failed to maintain control of his cruiser and failed to maintain a proper lookout before striking Luna's vehicle.
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Luna's death had a particularly ordinary and tragic context. He and his dog were traveling to Florida to visit his girlfriend when the collision occurred. The dog was also killed. Luna's mother, Claudia Macias, subsequently pursued accountability through a wrongful-death action against Klingmann and the City of Knoxville.
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Macias sought $3 million in damages. The lawsuit alleged that Klingmann's excessive speed and failure to properly use emergency lights caused the collision and that the City of Knoxville was negligent in allowing him to operate the police cruiser because it knew or should have known that he was an unsafe driver.
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KPD separately opened an Internal Affairs investigation into Klingmann's conduct. He was removed from patrol and reassigned following the fatal crash. The department stated that its officers receive extensive emergency-driving instruction and that disciplinary action would depend on completion of the internal investigation.
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The internal investigation produced findings serious enough that Klingmann was scheduled for a pre-disciplinary hearing. Before that hearing occurred, Klingmann submitted his resignation. Acting Police Chief Mark Fortner accepted it in 2022.
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The City of Knoxville ultimately paid Luna's family $300,000, the Tennessee statutory limit for claims against governmental entities. Attorney T. Scott Jones said the family wanted law-enforcement agencies to recognize the consequences of high-speed police driving and consider the risks it creates for the public.
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OFFICER BACKGROUND:
Cody Klingmann joined the Knoxville Police Department in April 2020 and therefore had been with KPD for approximately 16 months when he killed Luna. Following the crash, Klingmann was removed from patrol while KPD Internal Affairs investigated his conduct. A pre-disciplinary hearing was scheduled based on the investigation's findings, but Klingmann resigned before that proceeding occurred.
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DISPOSITION:
Klingmann resigned from the Knoxville Police Department while facing a pre-disciplinary hearing arising from the fatal crash. Luna's mother filed a $3 million wrongful-death lawsuit against Klingmann and the City of Knoxville. The City paid the family $300,000, the maximum governmental liability permitted under Tennessee law.

SOURCE LINKS :

https://www.wbir.com/article/news/local/one-dead-and-officer-injured-in-crash-on-kingston-pike/51-5b4384ec-9472-4a8b-b77b-dfaf0c12e8a3
https://www.wbir.com/article/news/local/fatal-crash-kpd-knoxville-east-tennessee/51-b2b7a801-4c1e-4e2a-9b8d-95e4bfc8ad9a
https://www.wvlt.tv/2021/08/13/traffic-alert-kpd-responding-serious-crash-kingston-pike/
https://www.wvlt.tv/2022/03/25/mother-sues-city-knoxville-3-million-after-son-dies-crash-with-police-cruiser/
https://www.nationofchange.org/2022/03/28/family-files-wrongful-death-lawsuit-after-fatal-officer-involved-crash/
https://3bmedianews.com/kpd-officer-officer-involved-in-fatal-crash-resigns-as-3-million-civil-lawsuit-fileda/