A THP sergeant who viewed the video the night of the crash first raised concerns. His superiors, including Col. Trott, also watched the video, then turned it over to District Attorney General Randy Nichols, who determined "no criminal statutes applied but that Trooper Morgan's actions or lack thereof were 'egregious.'"
In the letter, Trott says that Trooper Van Morgan claimed that he only saw a car out of the corner of his eye and dismissed it as a parked car. Trott discounts this claim, because of the condition of the car, which had smoke rising 20-25 feet in the air. He also points out that Van Morgan slowed from 51 mph to 21 mph just past the crash.
Trott also points out that Trooper Van Morgan attempted to call an attorney from the Police Benevolent Association within minutes of returning to the crash scene.
Trott also went to the scene in a similar vehicle and drove it at night at the same speed. He determined that Trooper Van Morgan "did indeed see the crash scene and chose to ignore it."
Trott says in the letter that he cannot guess the reasons for Van Morgan's actions, but mentions that he was involved in another pursuit that ended in a death a few years before. He again emphasizes that he finds no fault with Van Morgan's pursuit. It was the fact that he passed a crashed and burning vehicle without stopping and rendering aid.
The letter says that the preliminary autopsy shows that Anito died on impact, but that Morgan could not know that at the time.
The letter says Van Morgan was placed on administrative duty on January 13, and that he made "several alarming comments" at that time. He stated "I got out and got my fire extinguisher just to make it look good. I knew he was dead but you, you got to do that for the media and everyone else. I was just trying to put on a show..."
Trott says that type of comment "is not a positive representation of the Tennessee Highway Patrol."
In the letter, Trott says that while Van Morgan has excelled in many duties, that as a result of the incident, Van Morgan "has lost his credibility with the THP leadership and supervisors. Therefore, I have no choice but to recommend his termination from the THP for Neglect of Duty and Conduct Unbecoming a State Trooper."
THP says Trooper Van Morgan is currently on discretionary leave with pay, while the legal process that will likely end with his termination plays out.