Death by Cop  2021-2025

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Leah Mae Foster

Age : 23

Gender : Female

Race : White

Date : 05/27/2021

Location : intersection of Lower Pindell Road and Southern Maryland Boulevard

City : Lothian

County : Calvert

State : Maryland

Agency : Metropolitan Police Department DC

Officer(s) :Austin Kirk Smith

Cause of Death : Vehicle

Event : Killed by police vehicle

OPEN RECORDS SUMMARY :

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NARRATIVE:
On 05/27/2021, at approximately 12:50 a.m., off-duty Metropolitan Police Department Officer Austin Kirk Smith was driving a 2018 Dodge Charger southbound on Southern Maryland Boulevard after leaving work. Smith was traveling approximately 105 mph as he approached Lower Pindell Road, where the posted speed limit was 55 mph.
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Nicholas Raymond Harris, 21, was the front-seat passenger in a Chevrolet Equinox driven by his girlfriend, Leah Mae Foster, 23. Foster was crossing Southern Maryland Boulevard onto Lower Pindell Road when Smith's Charger struck the Equinox on the passenger side. Harris and Foster were pronounced dead at the scene. Smith sustained serious but non-life-threatening injuries and was airlifted to a hospital.
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Anne Arundel County police initially attributed the crash to the Equinox driver failing to yield the right of way. A subsequent crash reconstruction established that Smith had been traveling approximately 105 mph before impact. Prosecutors later concluded that Smith's driving warranted criminal prosecution.
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Harris was a 2017 graduate of Northern High School in Owings. He played football and basketball growing up and later played adult flag football and refereed youth football games. His obituary described Foster as his girlfriend and said his parents believed she was going to be his soulmate.
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DISPOSITION:
Prosecutors charged Smith with two felony counts of manslaughter by vehicle, two misdemeanor negligent-driving counts, reckless driving and negligent driving. The Metropolitan Police Department placed Smith on administrative leave.
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Smith pleaded guilty in January 2023 to two counts of negligent manslaughter. On 03/24/2023, Anne Arundel County Circuit Court Judge Stacy McCormack sentenced him to 20 years with all but 18 months suspended, followed by five years of supervised probation.
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OFFICER BACKGROUND:
Austin Kirk Smith joined the Metropolitan Police Department in 2019. Several months after killing Harris and Foster, MPD awarded Smith a Ribbon of Valor on 10/18/2021. Smith was subsequently placed on administrative leave after he was criminally charged in connection with the fatal crash.
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TOTAL FATALITIES/INJURIES: 2 fatalities, 1 injury

SOURCE LINKS :

https://www.cbsnews.com/baltimore/news/2-killed-in-lothian-crash-1-hospitalized-with-serious-injuries/
https://www.wmar2news.com/local/d-c-police-officer-sentenced-to-18-months-for-lothian-crash-that-killed-2
https://www.capitalgazette.com/2024/02/23/dc-cop-fatal-crash-harris-foster/
https://www.aacounty.org/sao/press-releases/washington-dc-police-officer-sentenced-eighteen-months-fatal-lothian-crash
https://wtop.com/local/2022/05/dc-police-officer-charged-with-manslaughter-in-lothian-crash-that-killed-young-couple/