KANSAS CITY, Mo. (KCTV)-Dominic Biscari’s attorney says his client will fight to keep his job.
“Dominic will do whatever it takes to maintain his position in the fire department,” wrote attorney Kevin Regan. “His team is ready to fight vigorously to help him keep what the City has unjustly taken from him. We are disappointed with Council’s arbitrary decision and believe it will be overturned.”
A city spokesman earlier said the city would seek to end the employment relationship with Biscari.
This follows Alford’s appeal by Biscari on Tuesday in the fatal Westport fire truck crash that killed three people in December 2021. An appeal by Alford means Biscari maintains his innocence but believes the prosecution evidence against of him would likely lead to a guilty verdict.
The lawyer questions the city’s responsibility in the crash
Biscari’s attorney also released a three-page statement, saying the city has “failed” Biscari and other firefighters.
It raises cutting questions about training and the intersection itself. He also claims that the city midway installed a safety system called “Opticom,” which would automatically change traffic lights.
“Unfortunately, the city has let Dominic and his fellow firefighters down in several ways,” the statement said. “We hope Council takes steps to ensure this type of incident never happens again. The city has the technology to install Opticom receivers at traffic light intersections. Fire trucks already have transponders to send signals to receivers.”
KCTV5 reached out to the city for comment but received no response.
Overland Park has been using the system for decades and confirmed to KCTV5 that it is featured on all fire trucks and ambulances operating in Overland Park.
Global Traffic Technologies claims that a working Opticom system reduces crashes by 70%.
The statement also criticizes driver training.
“The city also did not provide any mandatory uniform training for Dominic to act as a fire truck driver,” he says. “The only training provided to these young drivers is on-the-job training with no formal education or more hands-on training that people receive in other fields such as motorcycle police, bus drivers, helicopter and airplane pilots and other transportation personnel qualified.”
Attorney Kevin Regan also says the city is aware that Broadway and Westport are a dangerous intersection and has failed to make it safer despite commissioning several studies.
On December 15, 2021, Biscari was driving Pumper 19 towards a house fire. According to crash data and video surveillance, Biscari was driving over 51 mph in a 35 mph zone and ran a red light. An accident investigator found that Biscari entered an intersection with a limited view of cross traffic, through a red light, at too fast a speed for the conditions he faced.
Tami Knight was a pedestrian who was shot and killed. She was an adventurer who climbed mountains and went skydiving. Her boyfriend saw her hit and tried to save her from the rubble.
The driver of an SUV who was shot, Jennifer San Nicolas, was an animal lover who worked with her passenger Michael Elwood at a local restaurant.
The families filed a lawsuit against Biscari and the city.