Police officer who killed boy in crash is suspended

ALLENTOWN - A rookie police officer who caused a crash that killed a 4-year-old pedestrian was suspended without pay yesterday, and the mayor recommended his termination as the city offered $500,000 to settle claims arising from the accident.

Officer Brett Guth, 31, ran a red light while responding to a police call and collided with another cruiser at an Allentown intersection on May 30, killing Daviay Legrand and seriously injuring his mother's boyfriend, Jason Marcella.

Allentown Mayor Ed Pawlowski told a news conference yesterday that his administration "has determined that the actions of Officer Guth . . . do not warrant his serving our citizens and our community as a police officer."

Pawlowski recommended to the City Council, which has the final say, that Guth be fired.

"We are deeply sorry that this accident occurred. We have done all, and will continue to do all, that we can within the bounds of the law to rectify the situation," Pawlowski said.

A state police investigation concluded that Guth ran a red light and caused the crash. Speed was not determined to be a factor, as Guth was going 31 m.p.h. and the other officer was driving at 21 m.p.h.

Prosecutors announced Wednesday that Guth was cited for running a red light, but would not be charged in the boy's death - a decision that infuriated his family.

The city has offered $500,000 - the city's maximum liability under state law - to settle all claims arising from the crash. Robert G. Bauer, an attorney for the Legrand family, said yesterday that the family would reject the offer and file a federal lawsuit instead.

"When the facts come out about the circumstances of [Guth's] hiring, his background and training, we will be able to establish that the conduct of the city was so egregious" that it violated the civil rights of Daviay and his family, Bauer said.

Guth had been fined for speeding four times before joining the police force in April 2006, according to court records obtained by the Morning Call of Allentown. He was fined for going 104 m.p.h. on the Pennsylvania Turnpike's Northeast Extension in one case and was found asleep in his car in another case that led to a drunken-driving arrest, the paper said.

Police Chief Roger MacClean said yesterday that officials look at the driving records of all applicants. He said Guth had gone several years without an infraction and "that has to be taken into account."

John N. Zervanos, who represents Marcella, called the city's offer of $500,000 inadequate.

"In light of the fact a child was killed in this incident, and my client has been devastated with injuries to his leg, $500,000 . . . is probably not enough money," he said. "The inclination is we're going to pursue other remedies."