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Representatives of the estate of Cassandra Byrd, who was killed in June when she was hit by an SUV on Interstate 75 after escaping from the custody of a Whitley County Sheriff’s deputy, have filed a lawsuit in U.S. District Court against Whitley County, the Whitley County Sheriff’s Department, Sheriff Lawrence Hodge and Deputy Ben Hodge.
According to the lawsuit, the plaintiff, Crystal Lee Meibeyer, the administratix of Byrd’s estate, claims that Deputy Hodge deprived Byrd of her Constitutional Rights set out in the Fourth, Fifth, and 14th Amendments and such violations were, "a substantial factor in causing plaintiff to suffer physical pain up to and including death, lost wages or earnings, medical expenses and the impairment of her ability to earn money."
Specifically, the plaintiff claims, Hodge had no cause to arrest Byrd, as she had committed no crime.
According to Deputy Hodge, Hodge came up on Byrd’s vehicle near the six-mile marker on north I-75 on June 5. The initial call was for a vehicle fire, but Deputy Hodge reported that Byrd stopped because her car was overheating.
In the 911 tapes, Deputy Hodge is heard telling Whitley Dispatch, "She did not wreck. She drove off the side of the road. She is plowed drunk."
Deputy Hodge arrested Byrd, handcuffed her with her hands behind her back and placed her in the back of his cruiser. While he was collecting evidence from the scene, he said Byrd somehow slipped out of the handcuffs, got out of the cruiser and ran across the interstate where she was struck by a passing vehicle and killed.
Whitley County Coroner Andy Croley said Byrd was thrown about 200 feet from the point of impact. She was pronounced dead at the scene. She still had the handcuffs locked around her left wrist.
According to Croley, a toxicology report released in November indicated Byrd had a blood alcohol level of .224. Under Kentucky Law, a person is considered intoxicated if the blood alcohol is .08.
In addition, the toxicology indicated the presence of THS, which Croley said is the active ingredient in marijuana.
Whitley County Sheriff’s Det. Charles Davis said previously that an undisclosed amount of marijuana was found on the console of Bryd’s vehicle, along with a ceramic pipe that could have been used to smoke it.
Investigators also found a number of opened and unopened beer cans inside Byrd’s vehicle
Croley added that Byrd’s family indicated the Lexington resident, was supposed to be going to Indiana and could not explain why she would be in Whitley County.
The Whitley County Sheriff’s Department and Kentucky State Police are both investigating how Bryd got out of the handcuffs and out of the cruiser.
The lawsuit, in which the plaintiff is seeking unspecified damages, also alleges intentional infliction of emotional distress, negligence on the part of Deputy Hodge, which led to Byrd’s injuries and death, and failure of Sheriff Hodge and the Whitley County Sheriff’s Department to properly train Deputy Hodge.
Whitley County Judge Executive Pat White Jr. said the county had been served with lawsuit and a response will likely be filed in the next few days.
Neither Meiberyer’s attorney, Hailey Bonham, nor Sheriff Hodge could be reached for comment.
