DENVER — At the beginning of June, a woman filed a wrongful death lawsuit against two Denver police officers after her 24-year-old daughter was killed during a police pursuit that violated Denver Police Department policy.
The beginning of June also marks what would have been Cassandra Livingston's 26th birthday, her mother, Tillie McHone, said while standing near 24th and Rosyln in Denver. McHone rested her hand on a tree branch — the same tree her daughter crashed into.
McHone described her daughter as outgoing and funny, with a big heart and a desire to help other people.
“She had this really unique laugh that, you could recognize it was her," McHone said with a smile. “She wanted to go to college for technology. That was what she was trying to do, but she kind of was getting her life together, too.”
McHone did not know the details surrounding her daughter's October 2022 death until December 2023.
“I found out later, bits and pieces of everything, and I didn't know that there was any kind of chase or anything until I saw it on the news," McHone explained.
Reading through the disciplinary letters for the two officers involved in the incident — Officer Matthew Prell and Officer Jonathan Hayes — shocked McHone.
“She wanted to be a mom, she wanted to get married, she wanted to do a lot of stuff. And she doesn't get to do any of that stuff anymore. And she mattered," McHone said.
The disciplinary letters state both officers were found to have violated Denver PD policy when they chased after Livingston. They were also disciplined for telling their supervisor they did not pursue the car before it crashed.
As a result, the two each received a 40-day suspension for violating department policy and a 30-day suspension for not informing their supervisor, to be served concurrently.
The internal investigation documents show both officers reported spotting a Kia Soul leaving a gas station off of Colfax Avenue. The officers followed the vehicle because that make and model were commonly stolen and because of how quickly it exited the parking lot, according to the report.
The report states that the Kia Soul in question was reported as stolen.
“I don't know what to say about that. I don't like it. But even that being what it is, it doesn't mean that she deserves to die," McHone said.
The officers told their supervisor they lost sight of the car quickly and did not activate their emergency equipment because they were only "looking for it." The report states that their supervisor repeatedly asked the officers if they chased the vehicle, and they denied doing so.
The officers said they did not see the Kia Soul again until they were dispatched to a crash near 24th and Roslyn. Both Prell and Hayes claimed they would have stopped to render aid if they had seen the crash.
The wrongful death lawsuit, filed on behalf of McHone by her attorney, Anthony Viorst, claims the officers engaged in a "high-speed chase in a densely populated residential neighborhood," waiving governmental immunity for "the negligent operation of a motor vehicle."
“No evidence that this particular Kia Soul was stolen. No evidence that the driver was wanted or anything. They just started chasing her at quite a high rate of speed," Viorst said. “You can break the traffic laws if you're an emergency vehicle, but you still have to use reasonable care even under those circumstances. But here, there wasn't an emergency. I mean, and that's really the whole point.”
The Denver Police Department Operations Manual states that the department's policy is "to balance the need for immediate apprehension of a suspect with the need to protect the public from danger caused by the pursuit." It mandates that officers must have a compelling need to engage in a vehicle pursuit. A compelling need does not include auto theft or "the mere act of fleeing, no matter how recklessly," according to the manual.
The investigation determined the Kia Soul sped by an elementary school in the area, going around 75 miles an hour. Investigators determined the patrol car came by the same school less than five seconds later, going an estimated 68 miles an hour. The officer who was driving claimed he could not see the Kia Soul at the time.
A short time later, data shows the patrol car traveling at approximately 76 miles an hour, just around a block south of where Livingston crashed. Both officers stated they did not see anything that indicated a crash.
“It was the chase that caused her to crash into the tree. I have no doubt about that... The fact that they hid their actions, I think, does sort of speak volumes, as well," said Viorst. “In any wrongful death case, you can recover funeral expenses which were paid. In this case, for a service for her daughter. And you can recover for your emotional distress associated with the loss of a loved one.”
Viorst said if they cannot reach a settlement, they are prepared to take the case to trial.
McHone said by filing the lawsuit and sharing her daughter's story, it feels as though she is taking a stand for her firstborn child.
“She is more than just an afterthought," McHone said. “People dehumanize everything. They shouldn't dehumanize that.”
McHone believes things could have gone very differently in October 2022.
“I honestly think if they followed the rules, she would still be here," said McHone. “I know the police do their job, but they did their job wrong this time, you know?”
Officers Hayes and Prell continue to work with Denver PD.
When asked about the case, a spokesperson with the department said they do not comment on pending litigation.
