Madison Sims crash

André Natta filed this request on behalf of Karen Rodriguez with the Tuscaloosa Police Department of Tuscaloosa, AL.
Status
Completed

Communications

From: Karen Rodriguez

To Whom It May Concern:

Pursuant to the Alabama Open Records Law, I hereby request the following records:

All records and documents held by Tuscaloosa Police Department regarding a Tesla crash that occurred on 4/15/2023.

According to media reports the crash happened on the intersection of Skyland Boulevard East and Interstate 20/59 at around 1:30AM.

There were four occupants in the Tesla, 17-year-old Madison Sims, 18-year-old Samuel Brown, and two other 18- and 17-year-olds.

The records requested include but is not limited to:

Incident report

Investigative records (interview transcripts, scene models)

CAD report

All video and audio recordings (dash cam, body cam, mobile video, interviews, video of the scene)

All photos

Radio dispatch recordings

911 calls

After action reports

The following links may help find the records:

https://www.al.com/news/2023/04/madison-sims-killed-in-prom-night-car-crash-remembered-as-shining-light.html

https://abc3340.com/news/local/two-teens-killed-in-early-morning-crash-in-tuscaloosa-police-department-accident-fatal-skyland-boulevard-tesla

I request that the records I seek be provided in electronic format.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days.

Sincerely,

André Natta, a citizen of Alabama, in coordination with Karen Rodriguez.

From: Tuscaloosa Police Department

Ms. Rodriguez,

The Tuscaloosa Police Department has received your public records request for law enforcement records related to a crash on April 15, 2023. Pursuant to Alabama Code Section 12-21-3.1, law enforcement investigative records, including photos and videos, are not public records. Accordingly, the documents you have requested cannot be released in response to a public records request. We can provide you with a redacted copy of the accident report in this case. Per Tuscaloosa Municipal Code Section 2-4, the fee for an accident report is $10.00. Please let me know if you are willing to pay this fee.

Thank you,

Kimberly B. King
Associate City Attorney
Office Of the City Attorney
P.O. Box 2089
Tuscaloosa, AL 35403-2089
(205) 248-5140 (205) 349-0328 Fax
kking@tuscaloosa.com<mailto:kking@tuscaloosa.com>

From: Karen Rodriguez

yes, I'm willing to pay this fee. Please send me the details on how to pay it.

From: Karen Rodriguez

Hello,
I have reviewed your response and it is my understanding that Alabama Code Section 12-21-3.1 pertains to "criminal matters".
In this case, Madison Sims was the driver of the Tesla and tragically died there were no criminal charges filed. Therefore the photos of the car, the scene of the accident, witness testimony, 911 calls and all video is public record as this case was not criminal.

thank you,
Karen

From: Tuscaloosa Police Department

Ms. Rodriguez,

Your understanding of Alabama law is incorrect. The documents you have requested are not public records under Alabama Code Section 12-21-3.1 (see also Something Extra Publ’g, Inc. v. Mack, 350 So. 3d 663 (Ala. 2021)).

Additionally, the documents related to this specific accident are subject to even more protections than a normal police report due to the involvement of juveniles. See Alabama Code Sections 12-15-133 and 32-10-7. Also note that 911 calls in Alabama may not be released without a court order under Alabama Code Section 11-98-12.

As I said before, I’m happy to provide you with a redacted copy of the accident report pursuant to Alabama Code Section 32-10-7 for $10.00. You have indicated that you are willing to pay this fee. Would you prefer to pay by check or credit card? If by check, I can give you the information. If by credit card, we have been working on a system to take credit card payments by phone (we can currently only take them in person). I will check and see if they system has been set up if you would like to pay by CC by phone.

Kimberly B. King
Associate City Attorney
Office Of the City Attorney
P.O. Box 2089
Tuscaloosa, AL 35403-2089
(205) 248-5140 (205) 349-0328 Fax
kking@tuscaloosa.com<mailto:kking@tuscaloosa.com>

From: Karen Rodriguez

If I can do credit card by phone, that would be awesome. If not can I send a money order?

From: Tuscaloosa Police Department

Ms. Rodriguez,

I’m forwarding this email chain to our public records employees so they can help process your payment for the accident report. They know much more than I do about our means of taking payments.

Public Records – Can you please email Ms. Rodriguez to coordinate payment? Once you’ve done that and payment has been made, let me know and I’ll email out the accident report.
Thanks,

Kim

From: Tuscaloosa Police Department

At this time, the only forms of payment accepted are a check or money order made payable to the City of Tuscaloosa. Payment can be mailed to:

City of Tuscaloosa
Attn. City Clerk
P.O. Box 2089
Tuscaloosa, AL 35403

Or

City of Tuscaloosa
Attn. City Clerk
2201 University Blvd.
Tuscaloosa, AL 35401

Your total cost for this request is $10.00 . Once payment (or proof of payment) has been received, the documents will be released. Should you have any additional questions, please feel free to email or call the City Clerk’s office.

Public Records
Office of the City Clerk
City of Tuscaloosa
205-248-5010
publicrecords@tuscaloosa.com<mailto:publicrecords@tuscaloosa.com>

From: Karen Rodriguez

Hello, please see the proof of payment attached.

thank you

From: Tuscaloosa Police Department

Good Morning,

Please see attached in response to your request.

Thank you,

Public Records
Office of the City Clerk
City of Tuscaloosa
205-248-5010
publicrecords@tuscaloosa.com<mailto:publicrecords@tuscaloosa.com>

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