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No charges will be filed against Pokagon officer for fatal crash

BERRIEN COUNTY, Ind. -- No charges will be filed against a Pokagon Tribal Police Department officer whose squad car was involved in a fatal crash at M-140 and Territorial Road on September 16, according to the Berrien County Prosecutor's Office.

According to investigators, the Pokagon Tribal Police squad car was traveling southbound on M140 to an in-progress domestic call at 84 miles per hour with lights and sirens activated around 3:30 p.m. when the accident happened at the intersection with Territorial Road.

Investigators say 69-year-old Sherry Temple was traveling eastbound on territorial Road when she failed to stop at the intersection with M140 and collided with the patrol car.

Investigators say traffic on M140 has the right of way.

Temple died as a result of the crash. Drugs and alcohol were not factors in the crash.

The officer driving, 45-year-old Gustavo Pop-Monroy, suffered a cut to his left hand and a broken arm. His passenger, 35-year-old Earl Holbrook, suffered a head injury, a partially severed left ear and a broken bone behind his ear.

The Berrien County Prosecutor's Office declined to file charges against the officer because video from the squad car revealed Pop-Monroy was acting reasonably and responsible during the 5 mile route and adjusted his speed and siren tones as he engaged traffic, according to the press release.

The law exempts emergency vehicles from speed limits if they are responding to a call and their lights and siren are activated.

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