Smiley Approves $11 Million Payment to Moped Driver Injured in 2020
Saturday, January 13, 2024
Providence Mayor Brett Smiley said in a statement on Friday that the city has approved a settlement agreement with the family of the Jhamal Gonsalves.
Gonsalves was injured in an accident on Sunday, October 2020; as a result of the incident, Gonsalves has significant long-term health issues.
The Smiley administration has not released the settlement agreement, but only a release document signed by the Gonsalves family.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTSmiley said the amount of the payment was reached through non-binding arbitration. The mediator was semi-retired federal court Judge William Smith.
According to the release document, "The above payments shall be made in two (2) equal installments of Five and one half million dollars and no cents ($5,500,000.00), the first occurring on or before February 15, 2024, and the second occurring on or before July 31, 2025."
Providence Police repeatedly defended the department’s actions.
Then-Providence Public Safety Commissioner Steven Paré said just three days after the incident that police were "not in pursuit" of ATVs and bikers on city streets that Sunday before the crash that seriously injured Gonsalves.
Paré was joined by then-Providence Mayor Jorge Elorza and Chief of Police Hugh Clements — and Attorney General Peter Neronha — at the press conference where they had announced it would take at least two weeks for an investigation to conclude what led up to the crash.
In January of 2021, Neronha Cleared Providence Police
State Police found Providence Police did not hit Gonsalves on October 18, 2020, and Neronha announced no criminal charges in the investigation into the moped crash.
The announcement came after Col. James Manni, Superintendent of the Rhode Island State Police, said that their investigation found the police cruiser pursuing Gonsalves did not hit him — but rather struck a stop sign on the corner which in turn hit Gonsalves.
"Our civil rights team guided the investigation — a critical point was the Rhode Island State Police collision reconstruction unit — it tells us what happened in this case," said Neronha.
"All of the materials will be posted on the office’s website," said Neronha at the time. "Anyone who wants to review or analyze them, I want the information to be out there. That transparency is important."
Neronha had said that the two critical questions were how did Gonsalves sustain injuries — did the officer strike him with his cruiser or not — and regardless of how he sustained his injuries, did any police officer commit a crime.
"For us to bring a charge of reckless driving, we know we have to show criminal recklessness," said Neronha. "Negligent driving is not enough."
"The primary focus was to find if the cruiser struck the moped," said Manni. "Damage to the [police cruiser] push bumper is consistent to contact with the stop sign post."
Manni added that the rear of the Yamaha moped showed "no damage of any kind consistent of being struck by the cruiser."
"The cruiser struck the stop sign at a speed of 18 MPH with antilock brakes fully engaged," said Manni at the time. "The stop sign comes down onto Mr. Gonsalves."
"Gonsalves was struck on the backside of his helmet — with the red paint on the helmet consistent of that on the stop sign," said Manni.
Related Articles
- Paré Says Providence Police Were “Not in Pursuit” Before Moped Crash; Investigation to Take 2 Weeks
- VIDEO: Body Cam Footage in Providence Moped Crash Released by Police
- Nearly Six Weeks Later, Gonsalves Moped Crash Investigation Still Unresolved
- State Police Find Police Cruiser Didn’t Hit Gonsalves in Moped Crash, Neronha Announces No Charges
