Family of Xavier Scrogham filing lawsuit against Town of Nashville

Former Nashville Police Department reserve officer Leonard Burch and Xavier Scrogham. (Photo Courtesy: The Republic)
Former Nashville Police Department reserve officer Leonard Burch and Xavier Scrogham. (Photo Courtesy: The Republic)

NASHVILLE, Ind. (WISH) – The family of 18-year-old Xavier Scrogham has filed for a lawsuit after the Bartholomew County Sheriff’s Department released dash cam video of a police chase involving a Nashville reserve officer and their son.

The family filed the lawsuit against the Town of Nashville after a statement about the crash and investigation were released from the sheriff’s department.

According to the Bartholomew County Sheriff’s Office, the pursuit occurred around 11:30 p.m. on August 29.  A Nashville Reserve Police Office, Leonard Burch, was in pursuit of a motorcycle that was traveling at a high rate of speed.

Deputies said the pursuit topped 100 mph and went south along U.S. 31 to east on Base Line Road and then north on County Road 65 East.

Near County Road 650 East and 25th Street, the Nashville Police Officer told the Emergency Operation Center that he had lost sight of the sight of the motorcyclist, according to the Bartholomew County Sheriff’s Office.

A deputy, who was not involved in the pursuit, then arrived to help in the search for the motorcyclist. A single tire track leading into a field was then found.  A deceased male, Xavier Scrogham, and a motorcycle were also discovered in the field.

The sheriff’s office will continue investigating the crash. At this time they said that Burch did not do anything inappropriate during the attempt to stop the motorcycle.

In a statement released from the family’s lawyer the Town of Nashville released a statement saying that Burch did not have police powers and that he was not authorized to drive a Nashville police car on August 29.

“To hold the Town of Nashville liable, we must show that Burch was acting in the ‘course of his employment.’ Knowing this and in anticipation of a lawsuit, Nashville is disavowing Leonard Burch and throwing him under the proverbial bus,” said Trent A. McCain, the family’s lawyer.

 

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