Firefighter is convicted in crash that paralyzed captain

Molly Ball

Thursday, Dec. 16, 2004 | 10:56 a.m.

A Las Vegas firefighter was driving too fast when his fire truck rolled over on the Rainbow Boulevard off-ramp of U.S. 95 last year, paralyzing a fire captain, a judge ruled on Wednesday.

John DeLucchi was convicted of driving too fast for conditions, a misdemeanor, and fined $250 by Justice of the Peace Deborah Lippis.

In a September trial, DeLucchi had maintained his innocence, saying the truck's speedometer was broken and his driving was in accord with fire department guidelines.

As far as he knew, the fire truck was going 30 mph on the ramp, which had a speed limit of 25 mph, he said. But in fact, the truck's speed was 20 mph over the limit, according to police.

Lippis wrote in her ruling that given the fire truck's immense weight, it should have been traveling at less than the speed limit to ensure safety.

On Oct. 31, 2003, firefighters were heading to a reported apartment fire that turned out to be a false alarm. Exiting U.S. 95 at Rainbow Boulevard, the truck rolled. Capt. Theo Adams was paralyzed from the neck down as a result.

The charge DeLucchi faced was punishable by as much as six months in jail and a $1,000 fine. In requesting a lesser punishment, prosecutor Bruce Nelson said the crash was a tragic accident.

"This is a case where there was no intentional action here," Nelson told the judge. "There is no question that the defendant did not intend for the fire truck to overturn."

DeLucchi's city-retained lawyer, Frank Cremen, said the firefighter would accept the punishment. DeLucchi was barred by the department from speaking to the press.

Nelson said prosecutors treat public servants no differently than civilians when it comes to traffic crimes. Drivers of emergency vehicles are not above the law, but nor are they held to a higher standard, he said.

"This case makes the point that even if you're a fireman, you have to drive carefully," Nelson said. "You can put the lights and sirens on, but you still have to watch out."

Drivers of fire trucks, who have the authority to violate some traffic rules in the line of duty, must always exercise caution, said Las Vegas Fire Department spokesman Tim Szymanski.

"You're given the privilege of breaking the law, but you're not allowed to injure anyone in the process," he said. "You can only break the law with due regard for safety. Our job is to protect people and property, not to destroy it."

But accidents happen. "When you're out there driving a 35,000-pound vehicle, it can be unpredictable," said Szymanski, himself a former driver.

After a departmental investigation and some retraining, DeLucchi, who is well regarded on the force, is back on the road, Szymanski said.

Driving a fire truck is "probably the best job on the fire department," Szymanski said. It involves specialized training, an exam, and a higher pay grade.

As for Adams, he declined to be interviewed, but the firefighters' association has held several fund-raisers to help him. He is retired on permanent disability.

The off-ramp that was the site of last year's crash is gone, part of the widening of U.S. 95 that had been planned for years. No design flaws in the ramp are thought to have contributed to the crash, officials said.