NORFOLK, Va. (WAVY) - The family of the bicyclist hit by two Norfolk police officers filed a wrongful death lawsuit against the officers on Tuesday.
Last July, Donnell Earl Worsley was on his bike in the 1500 block of Brambleton Avenue, just after 1 a.m., when he was struck by a police vehicle.
Worsley's family is seeking emotional and financial damages totaling $33,243,741.
Officer Derek Folston and Officer Joey Bennett were responding to a call in the Tidewater Gardens area at 1:17 a.m.
Bennett was the lead vehicle and Folston followed.
Folston admitted to driving more than 20 miles per hour over the posted speed limit of 30 miles per hour on Campostella Road and said he did not turn on his lights or sirens.
According to the Commonwealth's evidence, they were not responding to a "Code" or police emergency.
As Folston followed Bennett under the I-264 overpass, Bennett suddenly stopped in the left lane and Folston swerved to avoid hitting Bennett.
At the same time, Worsley was riding from Bennett's lane into Folston's lane and was hit.
Worsley had a blood alcohol level of .20. He sustained severe head injuries and died two months later.
Bennett was charged with Reckless Driving and was sentenced to 30 days in jail, with all of the time suspended. He was also ordered to be of Uniform Good Behavior for two years, must complete 40 hours of community service and will pay court costs.
Folston was also charged with Reckless Driving. He was sentenced to six months in jail, with all of the time suspended.
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