Family of fallen DPS officer files suit against Yuma truck drive - WNEM TV 5

UPDATE

Family of fallen DPS officer files suit against Yuma truck driver

Posted: Updated:
DPS Officer Tim Huffman was killed May 6. DPS Officer Tim Huffman was killed May 6.
YUMA, AZ (CBS5/AP) -

The family of the Arizona police officer killed in the line of duty are filing a lawsuit against the Yuma truck driver who hit him.

Jorge Espinoza was driving a tractor-trailer rig on May 6 when it struck the patrol vehicle of DPS Officer Tim Huffman as part of a multi-vehicle collision near Dateland, about 65 miles east of Yuma.

The attorney for Huffman's twin brother Warren Huffman, Jr. and his father, Warren Huffman, Sr. filed the lawsuit against Espinoza and Evans Dedicated Systems in the Superior Court of Arizona.

The complaint alleges that Espinoza violated federal regulations by using his cell phone while driving and that he "intentionally covered the in-cab dash camera with his wallet" to hide what he was doing.

The dash cam video shows the cell phone flying from Espinoza's hand at the time of the collision.

The police report stated Espinoza was looking at photos of "several women in provocative positions, wearing little clothing."

Espinoza pleaded not guilty to one count of second-degree murder, 13 counts of endangerment and seven counts of criminal damage.

The crash happened as Huffman was writing a report at an accident site on Interstate 8 in eastern Yuma County.

Espinoza was not injured in the crash.

DPS spokesman Bart Graves said Huffman was a 14-year veteran of the state agency who was assigned to the southern Arizona bureau and worked his entire career in the Yuma district.

Huffman was the 29th DPS officer killed in the line of duty.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.

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