Family of child killed in SUV crash files lawsuit

Jan. 29--The family of a boy killed last year when a driver crashed an SUV into a house in Houma has filed a lawsuit for damages in state court, records show.

On Jan. 21, 2017, 60-year-old William W. Holden, of Miles Street, complained to a Wimberley Way resident that he was suffering from some "unspecified medical condition," police said.

When officers arrived to investigate, the SUV that Holden was driving accelerated, crashing into a mailbox in the 100 block of Wimberley Way, police said. Holden re-entered the road at high speed and slammed into the Woodwind Drive home that contained 11-year-old Michael Boyles Jr. and his friend's family.

Boyles, a Mulberry Elementary School fifth-grader, and one of his friends were severely injured and were rushed to Terrebonne General Medical Center. The friend survived, but Boyles did not.

Holden was also treated for injuries and was later released. As of January, no criminal charges have been filed against him.

The suit was filed on Jan. 22 -- the one-year anniversary of the fatal accident -- by Baton Rouge attorney Jay Parker in the 32nd Judicial District Court on behalf of the boy's parents, Michael Boyles Sr. and Jamie Boyles. It names the Houma Police Department, Chief Dana Coleman, officer Brandon Lovell, Terrebonne Parish government and Holden as defendants.

The lawsuit alleges the boy's death was brought about by the negligence of the Houma Police Department by "failing to require of its officers that they use appropriate care and caution of the safety and well-being of all persons, specifically the innocent bystanders located in the subject residential neighborhood."

Police "failed to implement policies and procedures for responding to an emergency call when an individual is suffering an unknown or unidentified 'medical condition'" that may have impaired Holden's ability to safely operate a motor vehicle, the lawsuit claims.

In addition, the lawsuit alleges the Police Department failed to "provide or insure adequate officer training of the policies and procedures regarding responding to and engagement of an impaired operator of a motor vehicle, particularly in residential neighborhoods."

The Houma Police Department also failed to "properly train, educate and supervise officers regarding the dangerous risks to the innocent public and surrounding neighborhoods and communities involved in responding to and engagement of an impaired operator of a motor vehicle, particularly in residential neighborhoods," the lawsuit contends.

The lawsuit goes on to argue that the police department failed to prevent the operation of a vehicle by a motorist who was impaired.

"As a direct result of the accident sued upon herein and the loss of their son, Michael Boyles Sr. and Jamie Boyles suffered economic losses including funeral and burial expenses as well as medical expenses for the health care providers who sought to save Michael Boyles Jr.'s life," the lawsuit says. "As a direct result of the accident sued upon herein, Michael Boyles Sr. and Jamie Boyles suffered extreme mental anguish and emotional distress when they arrived at the accident scene, viewed the physical damage to the house where they knew their child was inside, observed the large presence of firetrucks and police vehicles surrounding the house in which they knew their child was inside, witnessed the efforts of first lay people and then medical professionals attending to their son and either rode in the ambulance or drove behind it and witnessed the efforts to keep their young child alive."

Because charges may be pending for Holden, the plaintiffs were unable to obtain certain records including radio communications between police and 911 dispatchers, dashboard and body cameras, witness statements, videos and photographs of the incident and toxicology reports, the lawsuit says.

Coleman could not be reached for comment.

Although Parish President Gordy Dove said he couldn't comment on the lawsuit because he hasn't reviewed it yet, he offered his condolences to the Boyles.

"My prayers go out to the family," Dove said. "It was a sad occurrence and a tragic event."

The Boyles, who have since moved to Texas, declined to comment about the case.

--Staff Writer Dan Copp can be reached at 857-2202 or at [email protected]. Follow him on Twitter@DanVCopp.

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