KLAS-TV Channel 8 News Las VegasWitnesses Dispute Metro's Account of Fatal Officer Accident

Witnesses Dispute Metro's Account of Fatal Officer Accident

The controversy continues over whether Officer James Manor had his lights and sirens on at the time of last week's fatal crash. Metro is investigating, but is there a conflict of interest?

There's no question it was a tragedy, but who's to blame? Some say Officer Manor had the right of way when he was cut off, but a defense attorney says lights and sirens could have made a difference.

Was it one person's fault or mistakes made by both that led to the death of the 28-year-old officer? While Metro maintains Officer Manor's lights were on at the time of this fatal crash, eyewitnesses say otherwise.

"Nothing at all -- no lights, no sirens. We were just talking and nothing at all," said eyewitness Tarin Marvel.

"Positive," said eyewitness Richard Harper. "I seen it. They didn't."

It's an argument some believe doesn't matter, saying Calvin Darling cut the officer off on Flamingo and is at fault. But defense attorney John Momot, who has been practicing in Las Vegas for 35 years, says it does. "It shows that emergency is occurring. It notifies the citizens to move out of the way, to be extra cautious, to react in a certain manner in driving and to give access to the police. So it is very, very important," he said.

Momot says eyewitnesses will play a role, but says even eyewitness accounts can be tainted. Metro says their policy is to handle their own investigation, saying they have they expertise and will remain impartial.

"To avoid an appearance of a conflict of interest, whether there is conflict of interest or not, I reserve judgment on that. But if there is an appearance of conflict of interest, then they may want to get an independent agency to investigate the scene," said Momot.

Momot says this may just be a horrible accident. Either way, it's a lose, lose situation.

Metro says they're not opposed to getting an outside agency to investigate, but don't feel it is needed at this point. They would not comment further on the investigation.