PORT ORANGE, Fla. — A Port Orange police officer who hit and killed a Navy veteran and father of two has been ticketed for the December crash.
Andrew McIlvain, 39, was thrown from his scooter during the crash but never regained consciousness and died days later. His family said the officer was speeding when the accident happened.
Last week, troopers issued Officer Silvio Portillo a citation, saying he was speeding when he struck McIlvain's scooter from behind. But officials said Portillo's actions behind the wheel of his patrol car were not criminal, which is why he was only cited for careless driving.
Portillo is still on the job and driving.
The Port Orange Police Department released its own Internal Affairs investigation into the crash, which shows Portillo was driving 65 mph in a 50 mph zone while responding to a nonemergency noise disturbance.
During an interview, Portillo told investigators he was only driving and talking on the radio and not on his computer.
He was later suspended for 10 days and required to complete an emergency vehicle operation course at Daytona State College.
An attorney for McIlvain's family said they plan to file a lawsuit in several weeks.
According to the Internal Affairs investigation, Portillo has not been disciplined for any issues in the past.
WFTV
