Pennsylvania cop who killed teen in head-on crash while driving the wrong way at double the speed limit 'lied that he was on his way to an accident at the time'

A Pennsylvania cop who killed a teen in a head on crash while driving the wrong way at double the speed limit lied that he was on his way to an accident at the time, the victims' parents claim.

Marion T Holmes, 18, died after officer Brendan J. Kovach slammed into the car he was a passenger in on October 3, 2023.

At the time, Kovach was travelling at 50mph in a 25mph zone. Holmes was removed from the wreck and rushed to the hospital where he later died.

Police subsequently said Kovach was responding to an 'emergency incident' at the time of the collision and he was cleared of any wrongdoing.

However, a PennLive investigation revealed the incident he was en route to, a traffic stop, had ended minutes before the crash.

A Pennsylvania cop who killed  teen Marion T Holmes in a head on crash while driving the wrong way at double the speed limit lied that he was on his way to an accident at the time, the victims' parents claim

Holmes, 18, died after officer Brendan J. Kovach slammed into the car he was a passenger in on October 3, 2023. His wrecked cruiser is pictured, with the white sedan that Holmes died in pictured just behind it 

At the time, Kovach was travelling at 50mph in a 25mph zone. The damage the smash caused is evident in this photo of a street corner taken afterwards 

Holmes' parents have now filed a lawsuit claiming he lied about the moments leading up to the tragedy.

'We cannot rest until we know what happened,' the family told the outlet. 

'Marion was innocent in this tragedy. Since requests to the police and the DA have not resulted in any answers, we look to the community and the media to raise these issues and force the authorities to allow us to have the evidence.' 

Holmes' parents lawsuit accuses Kovach of disregarding Harrisburg Police policy, which requires officers to take precautions while driving to maintain public safety.

'No assignment, complaint or any other type of incident justifies the disregard of the public's safety,' the police policy obtained by the family's attorneys states.

'The Bureau requires responding personnel to drive at a safe and reasonable speed based on existing conditions and the available information regarding the emergency to which they are responding,' the department policy says, according to copies of the policy obtained by the Holmes family's attorneys.

The policy further states officers remain alert to their surroundings and obey all traffic laws.

The must also be cognizant of unpredictable' factors like weather, road conditions, vehicle and pedestrian traffic.

Holmes was removed from the wreck and rushed to the hospital where he later died

Police subsequently said Kovach was responding to an 'emergency incident' at the time of the collision and he was cleared of any wrongdoing

Unpredictability was a key factor in the decision to clear Kovach of wrongdoing, after DA Fran Chardo determined there was no way the officer could have anticipated Holmes' vehicle would roll through the intersection without waiting at the stop sign.

Emergency vehicles are granted some privileges under Title 75 of Pennsylvania law such as the ability to exceed speed limits or surpass stop sings.

However, this is subject to certain conditions including use of 'audible and visual signals'.

The law also notes that the privilege, 'does not relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons'.

There was some dispute over whether Kovach had his sirens activated, however surveillance footage and testimony from Holmes' girlfriend who was also in the vehicle suggests they were in use. 

There are no set rules for approaching intersections and Chardo said Kovach did slow down as he approached but that Holmes' car, driven by Detrail T. Porter, 20, rolled through the stop sign.

When clearing Kovach, Chardo recommended charges against Porter, who is also named as a defendant in the Holmes family's lawsuit. 

Harrisburg police have also launched their own internal review following Chardo's findings. 

Kovach, who was injured in the crash, returned to work on February 5 on temporary duties but has not been cleared for field work yet.

According to records obtained by PennLive, he was paid $21,000 while off for 600 hours of medical leave. 

'A grieving family lost a beloved son,' the Holmes family said in a statement to the outlet.

'They have the right to know what happened. Clearly, the interest of clearing the police officer is more important than answering the questions of the victim's family. On behalf of the family, we ask that all information be released to us immediately.' 

The family are suing for medical and funeral expenses, as well as Holmes' potential earnings if he had survived the cash.

The filings also cover his 'prospective services,' including 'loss of advice, guidance, companionship, counsel and management.' 

Harrisburg spokesman Matt Maisel declined to comment on the lawsuit when approached by PennLive.