Family of woman killed in DPS patrol car sues for $8 million

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Rebecca Taylor - View Bio

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The family of a Tucson woman, killed in the backseat of a DPS patrol car has filed an $8 million claim against the agency. The plaintiff's say the death could have been avoided.

Faith Mascolino a 45-year-old mother of five was pulled over on I-10 near the Orange Grove exit. She was arrested, on suspicion of DUI, handcuffed, and placed in a patrol car.

Around 1:15am, a man driving by reportedly traveling more than 100 miles per hour smashed into the patrol car. It burst into flames and Mascolino was killed.

According to documents provided by the attorneys representing Faith Mascolino's family, she should never have been pulled over in the emergency lane of a major interstate, with no shoulder, on the crest of a hill for over 30 minutes.

The suit claims the crash was "foreseeable" and not only did the two officers act negligently; DPS was negligent in its training of these officers.

Attorneys representing Faith's family says training video created by the National Highway Traffic Safety Administration, illustrates what DPS has been teaching it's officers for years to "control where you make the stop."

Due to ongoing litigation, DPS can't comment on the pending law suit. But from the beginning, the department has stood by the two officers involved, saying they followed protocol.

Fiery accidents are nothing new to Ford Crown Victoria's. In fact, nearly every patrol unit has to have a specialized fire supression unit installed due to gas tank which is prone to rupture in rear-end collisions. In an interview last month Lieutenant Steve Harrison went on record about the effectiveness of the crown victoria's fire suppression system, saying the fire was too intense for officers to rescue faith.

"The fire suppression system acted the way it's designed and regardless of the fire, faith would not have survived her injuries anyway," said Lieutenant Harrison.

Faith's family is seeking $8 million dollars in damages against the state. DPS has 60 days to respond to the suit.