DELRAY BEACH, Fla. — Three firefighters who were placed on administrative leave after the collision between a Delray Beach fire truck and a Brightline train have been cleared of violating city policies and will not face further disciplinary action, the city of Delray Beach announced Tuesday, Feb. 25, 2025. An investigation regarding a fourth firefighter remains active.
The firefighters had been placed on leave for an investigation if fire department personnel had been operating fire engines without a valid driver’s license. The issue came to light in the wake of the Dec. 28, 2024, incident in which a fire truck, responding to a call, drove around lowered crossing gates and was struck by a Brightline train traveling at 79 mph [see “Four members of Delray Beach fire department placed on leave …,” Trains News Wire, Jan. 3, 2025]. Fifteen people — three firefighters and 12 people on board the train — were injured.
Law firm Johnson Jackson PLLC conducted the investigation, which “did not find evidence of willful, wanton or malicious intent” to violate policies, the city said in a press release.
As a result, firefighter Todd Lynch returned to active duty on Tuesday and will be reinstated to the position of battalion chief within 45 days, and Kevin Green retired from the department as of Tuesday. The city also said that while Calvin Smith was found to have operated fire apparatus without a valid license for an extended period, he took immediate corrective action upon discovering the issue. The city release did not address Smith’s current work status.
A decision on disciplinary action for the fourth firefighter, David Wyatt, will be made once another investigation concludes. Wyatt, who was driving the fire truck when it was struck by the train, received a non-criminal traffic citation as a result of an accident investigation conducted by the Palm Beach County Sheriff’s Office [see “Driver of fire truck cited …,” News Wire, Feb. 21, 2025].
Normal procedure is to have the rig’s officer-in-charge also riding in front with the driver. If that’s the case here, one would think that officer would also be facing departmental charges.
Other than possible DBFD rules and regulations, I know of no requirement for personnel riding as passengers in a vehicle to be licensed.
Did the fire truck driver have a previous citation of reckless driving? Government organizations should check driving records more carefully. Reckless driving is especially a telltale of possible problems for any hired driver.
If you or I were stopped and found to be operating a vehicle without a valid license we would not be offered the chance to take “immediate corrective action.” That said, the driver obviously and intentionally chose to drive around the lowered gates and risk a catastrophe; we can all see it plainly on the locomotive video. My point is that had an ordinary citizen, not employed by the local government, driven into the train’s path they would face stronger charges than a non-criminal traffic citation. The public safety services look out for their own.
As the old ad slogan used to say, “Membership has its benefits.” In this case, union membership…
“One rule for thee, another for me.”
At least the driver hasn’t been cleared yet. How on earth driving around the train gates doesn’t result in automatic disciplinary action is beyond me. And then there is the firefighter without a valid license getting away scot free because he got one after the accident.
In some states, that is not unusual. Before I retired, a colleague had made the mistake of leaving his wallet at home when he left for work one morning, and got into a traffic accident. While not at fault in the crash, he was citied for not having his license. When he appeared at trial with his license, the officer dropped the charge.