2008 Woodie Awards
Senior recovering after November accident
Kate Howard
Issue date: 3/3/04 Section: Campus News
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Life is slowly returning to normal for senior Kimberly Mallozzi after a long break she hadn't expected last semester.
Mallozzi, an English Communications major, was walking home about 1:30 a.m. with some friends on Nov. 22 when she was hit, crossing the intersection of Dearborn and Thames Streets, by the Nissan SUV of off-duty Newport police officer Jeffrey L. Clark.
According to police reports, Clark "did not realize he had hit someone" and stopped his vehicle when he looked in his rearview mirror and saw a body in the roadway. When asked by an officer if he had been drinking, Clark "stated that he had 'maybe three drinks,'" according to reports. Mallozzi was talking on her cell phone at the time of the accident; Clark told police he had been checking his phone for missed calls, but reports conflict whether he had already put the phone down or was still looking down at the time of the accident. When Clark stopped his vehicle, he called for a rescue.
After rescue workers brought Mallozzi to the hospital, Clark was given a field sobriety test. Several officers observed the test and although one officer stated Clark lacked smooth pursuit in his eyes during the horizontal gaze test and another stated had a slight sway during the one-leg stand, they felt he performed satisfactorily and he passed all tests, and no Breathalyzer was administered.
No criminal action was taken against Clark. Sgt. Daniel Dvorak, the officer who reconstructed the scene, stated that this was because there was no crime.
"After reconstruction, I couldn't verify that a crime was committed," Dvorak said. "Accidents occur, people can be at fault, but that doesn't mean they are criminally negligent."
Mallozzi spent a week at Newport Hospital and returned home for Thanksgiving. The next day, she was readmitted and spent three days at University of Massachusetts Worcester Hospital for further testing and consultations. According to crime scene reports, she suffered broken teeth, severe lacerations to her arms, legs and torso, and what appeared to be a tire mark across her back, so she is still meeting with spine doctors and plastic surgeons to repair the damage.
Mallozzi, an English Communications major, was walking home about 1:30 a.m. with some friends on Nov. 22 when she was hit, crossing the intersection of Dearborn and Thames Streets, by the Nissan SUV of off-duty Newport police officer Jeffrey L. Clark.
According to police reports, Clark "did not realize he had hit someone" and stopped his vehicle when he looked in his rearview mirror and saw a body in the roadway. When asked by an officer if he had been drinking, Clark "stated that he had 'maybe three drinks,'" according to reports. Mallozzi was talking on her cell phone at the time of the accident; Clark told police he had been checking his phone for missed calls, but reports conflict whether he had already put the phone down or was still looking down at the time of the accident. When Clark stopped his vehicle, he called for a rescue.
After rescue workers brought Mallozzi to the hospital, Clark was given a field sobriety test. Several officers observed the test and although one officer stated Clark lacked smooth pursuit in his eyes during the horizontal gaze test and another stated had a slight sway during the one-leg stand, they felt he performed satisfactorily and he passed all tests, and no Breathalyzer was administered.
No criminal action was taken against Clark. Sgt. Daniel Dvorak, the officer who reconstructed the scene, stated that this was because there was no crime.
"After reconstruction, I couldn't verify that a crime was committed," Dvorak said. "Accidents occur, people can be at fault, but that doesn't mean they are criminally negligent."
Mallozzi spent a week at Newport Hospital and returned home for Thanksgiving. The next day, she was readmitted and spent three days at University of Massachusetts Worcester Hospital for further testing and consultations. According to crime scene reports, she suffered broken teeth, severe lacerations to her arms, legs and torso, and what appeared to be a tire mark across her back, so she is still meeting with spine doctors and plastic surgeons to repair the damage.
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