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Hourly Update

Cop gets $491 speeding ticket in man's death

Associated Press
Tucson, Arizona | Published: 12.22.2006
A Tempe police officer who struck and killed a 24-year-old man with his patrol car has been given a speeding ticket in the incident, angering the dead man's family.
Officer Bill Cullins hit Tempe resident Kyle Jeffrey Barker as he was crossing a south Tempe road around 2 a.m. in November 2005, according to a Tempe police investigation report.
The report said Barker shattered the windshield and was catapulted at least 166 feet to his death.
The patrol car's "black box" recorded that at one time that night, Cullins was driving at 95 mph, but the device did not record how fast the car was traveling when it struck Barker.
Chandler City Prosecutor Maria Brewer dropped a criminal speeding charge against Cullins on Thursday, saying there was not enough evidence to prove Cullins was traveling 20 mph above the posted 45 mph limit at the time of the incident. The case was being heard in Chandler because of a conflict of interest in Tempe.
Brewer instead gave Cullins a $491 speeding ticket because speed analysis conducted during the investigation into the incident showed that Cullins was traveling at 50 mph when he struck Barker.
The investigation report shows that Cullins was not impaired at the time, but shows that Barker had alcohol in his blood when he was hit.
Cullins said that at the time he hit Barker, he was on his way to provide backup for another officer. He said he tried to avoid Barker, but it was too late.
He was not in court Thursday and was not required to be, but Barker's family was there. When they heard the judge's ruling, they began sobbing.
"We think it was handled poorly, and we have no other choice but to look for our own answers," said Jim Barker, Kyle Barker's father.
Kyle Barker's aunt, Shelle Small, criticized the ruling.
"It's just beyond me," Small said. "(Cullins) took a life. Still, for a life, my nephew's life, for my sister's only son, he got a speeding ticket?"
Cullins could not be reached for comment.
Tempe police spokesman Brandon Banks said the department will conduct its own administrative review of Cullins.
"All of (what happened) will be a part of our internal investigation, which we will be starting immediately," Banks said. "It is a priority of ours not only for the family, but also the department, to get this done quickly."
Barker's family has filed lawsuits against Tempe, Cullins and former Police Chief Ralph Tranter.
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