OCALA, Fla. — The family of a mother and son killed in an Ocala crash is calling for accountability as police investigate an officer’s actions shortly before the collision.
Police said 51-year-old De Lawn Marshall Duncan and her 31-year-old son, Eric Derick Maurice McGill, were killed Tuesday morning near Southeast Maricamp Road and Southeast 36th Avenue. Two other people were taken to the hospital.
A GoFundMe has been established to help the family with funeral and burial expenses.
Body-camera video released by the Ocala Police Department shows an officer approaching a vehicle that had been stopped for blocking traffic before the crash.
“It was my birthday today, and he drank a little bit more than he was supposed to, and I’m just trying to get home,” a person can be heard telling the officer.
Ocala Police Chief Mike Balken said the officer should have started a DUI investigation after hearing that statement. Instead, police said the officer allowed the vehicle to leave.
Minutes later, investigators said the vehicle was involved in the crash that killed Duncan and McGill.
The officer has been placed on paid administrative leave while the department conducts an internal investigation. Police have not released the officer’s name.
Balken said the department consulted the State Attorney’s Office about whether the officer could face criminal charges.
“I’ve already spoken with the State Attorney’s Office over potential charges for the officer for failing to do his job,” Balken said.
The State Attorney’s Office told Channel 9 that it reviewed the case and determined the officer’s conduct was not a criminal matter.
Retired police chief David Rivero said it can be difficult to bring criminal charges over an officer’s decision during a traffic stop unless evidence shows the officer falsified a report or committed another crime.
“He’s going to have reasons for why he didn’t conduct the tests, and those will come out at trial,” Rivero said.
Rivero said possible explanations could include the officer hearing a higher-priority call or deciding the driver did not display enough signs of impairment to justify further testing.
Channel 9 contacted the officer Thursday. He said he was unsure what he was permitted to discuss while the investigation remained underway.
The victims’ family told Channel 9 that they are close-knit and are still struggling to process the sudden deaths.
In a written statement, attorneys representing the family said they appreciate the Ocala Police Department’s transparency but believe serious questions remain about the events leading to the crash.
“This tragedy began with the decision of the driver to get behind the wheel after drinking,” the attorneys said. “There are also serious questions regarding the actions and missteps of the officer who encountered the driver prior to the crash, including what occurred after law enforcement was advised that he had been drinking.”
The attorneys said those circumstances deserve careful scrutiny and accountability.
“At the center of all of this, however, is a family experiencing an unimaginable loss,” the statement said. “De Lawn Duncan was a mother, wife and sister, and Eric Gill was her son. Their family is now faced with grieving and laying to rest two loved ones at the same time.”
The family is asking for privacy as they grieve.
The police department’s internal investigation remains active.
Read Channel 9’s previous coverage of the crash
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