ROCKPORT — Representatives of the estates of two teenagers involved in the double-fatal accident in Union on Dec. 5, 2015, involving a Rockport reserve police officer, have filed Notices of Claim of intent to sue with the town of Rockport and the Rockport Police Department.

Also named in the notices are Rockport Police Chief Mark Kelley and Rockport reserve officer Craig Cooley.

Cooley was on duty and involved in a pursuit moments before the accident that claimed the lives of the driver, Caleb Byras, 17, of Litchfield, and front seat passenger, Kara Brewer, 16, of Rockland, and seriously injured 17-year-old Emily Vitale of Warren, who was seated in the back of Bryas' 2001 Subaru Legacy. Following an investigation of the accident, which occurred in Union, it was determined that Cooley had initial contact with the Subaru just before midnight on Route 17 in Rockport, near the S-curve by Mirror Lake.

It was the second time Cooley had encountered the vehicle speeding in Rockport that night, but this time, moments after turning on his turn signal and pulling over into the median as if to stop, the driver pulled back out onto the road and fled, with Cooley in pursuit.

That pursuit, and the alleged "negligent" manner in which Cooley operated his police cruiser, were "a direct and proximate cause of the injuries and resulting death of Kara Brewer," according to attorney Benjamin R. Gideon, of the Lewiston firm Berman & Simmons, in the notice.

Gideon is representing Danielle Benner, as personal representative of Brewer's estate.

According to the Brewer Notice of Claim, delivered to Rockport Town Manager Rick Bates and the others around April 13, the surviving passenger, Vitale, told investigators that speeds of the vehicles were approximately 105-110 mph.

Attorney Peter Clifford, of the Kennebunk firm Clifford and Clifford, is representing Vitale, through her mother, Jeri Vitale. The same four defendants are named in Vitale's Notice of Claim, dated April 4.

Both attorneys allege that the high-speed chase that Cooley conducted was unreasonable as a violation of standard police practice and policy, but also because the stop was for a traffic violation, not a more serioius infraction; because Byras was known to Cooley as he had issued him a summons following a stop for speeding approximately an hour earlier; and because Cooley knew Byras was a juvenile.

Those are all cited in the Maine Chiefs of Police Uniform Policy on Operation of Police Vehicles as reasons that law enforcement officers should consider when deciding whether or not to engage in a vehicle pursuit. That policy is used by police departments across the state, either in its entirety or with additions, usually to make the policy more strict, like in the town of Camden.

Both attorneys cite violations of standard practices and policies regarding pursuits, including but not limited to the following:

"1) An officer shall not pursue vehicles for Class D and E crimes or traffic violations, unless the conditions surrounding the pursuit are conducive to safe operation, management and due regard for the safety of the officer, the public, and the person or persons in the vehicle being pursued; 2) An officer shall not engage in high speed pursuit if the operator is known to the office, unless there is a serious indication of further violent actions if not immediately apprehended; 3) An officer shall discontinue pursuit if the suspect has been identified and can be apprehended later and the officer believes the suspect poses no immediate danger to the public and if the pursuing officer knows or is reasonably certain that the fleeing vehicle is operated by a juvenile and the offense constitutes a traffic violation, Class D or E crime, or a nonviolent crime."

According to the Camden Police Department's policy on the operation of police vehicles, a law enforcement officer may pursue a vehicle when the officer has probable cause to believe that "the violator has committed or is attempting to commit murder" or a "Class A, B or C crime involving the use or threatened use of violence."

Camden's policy also says that law enforcement officers "shall not pursue vehicles for Class D and E crimes or traffic violations, unless the conditions surrounding the pursuit are conducive to safe operation, management and due regard for the safety of the officer, the public, and the person or persons in the vehicle being pursued.

In addition, Camden Police Chief added the stipulation that officers engaging in pursuit for class D and E violations "must first seek approval by a supervisor."

Only law enforcement officers in Camden who have complied with the basic training requirement for full-time officers at the Maine Criminal Justice Academy, "which includes the Emergency Vehicle Operations Course, may become actively involved in a high-speed pursuit.," according to the policy document.

Under the "Rules of Pursuits," Camden's policy states that "LEO's shall not engage in high-speed pursuit if the operator is known to the LEO, unless there is a serious indication of further violent actions if not immediately apprehended."

Both Notices of Claim allege that the Town of Rockport and Rockport Police Department are legally responsible for the "negligence of Officer Cooley," and that the town and the police chief were responsible for "training, supervising and enforcing department policies."

"They were negligent in doing so, as evidenced by the numerous policies that were violated by Officer Cooley. Officer Cooley was a part-time police officer who was forbidden by Departmental policies from engaging in high-speed chases," the Notices of Claim both state.

In a phone call April 27, Gideon said, “Our position is not that the police officer is the primary wrong doer here, as the kid was driving and making decisions to do what he did. The kid obviously made the decision to flee, for unknown reasons. Maybe he panicked. Maybe he was trying to impress the girls in his car that night. Our client had only met him that night, and to our knowledge, that was the first time she had ever been in a car with him. But there is a reason all the model policies say what they do. There is no good reason to chase someone at high speed unless you know they have are a danger or have committed a crime.”

The Estate of Brewer is seeking $5 million. Vitale claims she has suffered permanent personal and psychological injuries, including the loss of her friend, Brewer, post-traumatic stress and psychological issues associated with that loss.

Vitale's medical bills as of March 23 were $38,781.61, according to the document.

"The precise amount of damages from this incident is unknown, but is expected to cover past and future medical expenses, past and future lost wages, pain and suffering, loss of enjoyment of life, mental and emotional anguish," said Vitale's attorney in the Notice of Claim.

By state law, victims have 180 days from the date of an accident to file Notice of Claim to file a lawsuit. Then, there is a two-year window in which to file the legal case in court, and in this case, the lawsuit(s) would be filed in Knox County Superior Court, according to Gideon.

“We have not settled on a time-frame of when to file the formal complaint,” said Gideon. “We are in discussion with the town's attorney. And in some cases, these things can be settled without going to court, but I have no knowledge of that at this point.”

Gideon said it is unlikely there would be any personal, financial exposure by Cooley in this or other court action, because he was on duty at the time of the incident.

“The bottom line is, the individual officer enjoys discretionary immunity under state law. So long as the individual officer is carrying out official function as a police officer while trying to apprehend, he has an argument that he has immunity under state law,” said Gideon. “But the municipality's immunity was abrogated by law, so while you name and bring a claim against the individual, it’s more because they are an employee of the town, and the only claim you can recover on is the claim against the town.”

The Town of Rockport is covered by Maine Municipal Association insurance, according to the town manager. The town is represented by Edward Benjamin of Drummond Woodsum, and Bates said that Cooley would receive legal counsel through the town’s insurance as well, though separate from the town’s representation.

Since the first Notice of Claim was received by the town, Cooley has been on administrative duties. He has been employed with the Rockport Police Department since 1997.

According to Bates, as of April 27 the Byras family or their attorney have not made contact with the town about their intentions. According to the calendar, they have until about June 1 to notify the town if they also intend to file a claim for wrongdoing by the town and/or its employees.

Related stories:

• Rockport police chief: Officer acted properly given circumstances

• Litchfield, Rockland teens die in Saturday night crash

Reach Editorial Director Holly S. Edwards at hollyedwards@penbaypilot.com and 207-706-6655.