Polk County Sheriff’s Office Press Release
The Polk County Sheriff’s Office Traffic Unit has completed its investigation into a fatal crash that occurred on November 25, 2023, involving a marked Auburndale Police Department Chevrolet Silverado truck and a Kia Rio sedan at the intersection of US Hwy 92 (Magnolia Avenue) and Havendale Blvd. (S.R. 544).
The investigation showed that just before 10:00 p.m. that evening, Auburndale Police Officers were responding in emergency mode to a call for assistance from a Polk County Sheriff’s Office deputy who was engaged with a combative suspect on US 92 at Old Winter Haven Road. As APD Sergeant Danny Swan was heading eastbound on US Hwy 92 with his emergency equipment (lights and sirens) activated, he struck the Kia, which was occupied by Ms. Jermanica Anglin and her 5-year-old daughter, Jalina, in the intersection with Havendale Blvd. The traffic light at that intersection was red for traffic on US Hwy 92 at the time, and green for traffic on Havendale Blvd.
The patrol truck being driven by Swan was traveling at a high rate of speed as it approached the intersection, and was braking to slow down when the Kia entered into the intersection. The traffic control light for the patrol vehicle’s direction of travel turned steady red when the truck was approximately 500 feet from the stop bar for the intersection. The traffic control light for Ms. Anglin’s vehicle illuminated green and she proceeded northbound through the intersection. Ms. Anglin told investigators that she heard a siren, but thought it was far away. The other vehicles at the stop light did not proceed through the intersection prior to the crash occurring when the light illuminated green.
Upon impact, the patrol vehicle was traveling at approximately 68 miles per hour. Five seconds prior to the crash, the truck’s speed was 105 miles per hour. The Kia’s impact speed was approximately 22 miles per hour. The police truck’s front passenger side impacted the front driver side of the Kia. The angle of the collision caused intrusion into the engine compartment of the Kia in a direction from the front driver side corner toward the passenger side front wheel.
Ms. Anglin was wearing a seatbelt. 5-year-old Jalina was seated in the backseat wearing a seatbelt. The child was not seated in a booster seat or approved child restraint device, as is required by state statute. Polk County Fire and Rescue transported Ms. Anglin to Winter Haven Hospital with injuries. Jalina was transported to Winter Haven Hospital, where she was declared deceased.
Following the impact, the police truck was redirected to the northeast across the median strip of U.S. Highway 92. The Kia was redirected backwards in a southeasterly direction toward S.R. 544 (Havendale Blvd.).
Based on the facts and evidence gathered through the investigation, there is probable cause to believe that Sergeant Danny Swan and Ms. Jermanica Anglin violated the following Florida State Statutes:
Sergeant Danny Swan:
316.183 (1) – Unlawful speed – No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
Ms. Jermanica Anglin:
316.613 (1)(a) – child restraint requirement – Every operator of a motor vehicle as defined in this section, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device.
1. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child seat.
2. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a child booster seat may be used. However, the requirement to use a child restraint device under this subparagraph does not apply when a safety belt is used as required in s. 316.614(4)(a) and the child:
a. Is being transported gratuitously by an operator who is not a member of the child’s immediate family;
b. Is being transported in a medical emergency situation involving the child; or
c. Has a medical condition that necessitates an exception as evidenced by appropriate documentation from a health care professional.
316.126(1)(a) – Failure to yield to approaching emergency vehicle with lights/siren activated – Upon the immediate approach of an authorized emergency vehicle, while en-route to meet an existing emergency, the driver of every other vehicle shall, when such emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate device, or visible signals by the use of displayed blue or red lights, yield the right-of-way to the emergency vehicle and shall immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the curb of the roadway, clear of any intersection and shall stop and remain in position until the authorized emergency vehicle has passed, unless otherwise directed by a law enforcement officer.
The totality of the factors described in the report resulted in and/or contributed to the death of Jalina Anglin. Polk County Sheriff’s Office deputies issued the “unlawful speed” citation (No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.) to Sgt. Swan on Thursday, March 7th. No citation is being issued to Ms. Anglin considering the tragic result of the crash.
Statement by Auburndale Police Chief Terry Storie:
“This was a terrible, tragic accident. My heart goes out to Ms. Anglin and the loss she and her family have experienced from the death of Jalina. On behalf of our whole department and our city, I offer my sincere sympathies and prayers to the family and all those affected. When this crash occurred, I asked that an independent investigation be conducted by the Polk County Sheriff’s Office, and those facts and results are now available.
Based on the completed crash investigation, Auburndale Police Sergeant Danny Swan has received a civil citation for unlawful speed (FSS 316.183 (1)).
The PCSO decided not to issue citations to Ms. Anglin based on their investigative findings because of the tragic loss of her daughter. I agree with this decision.
Now that the crash investigation has been completed, I can acknowledge per Florida Statute 112.533(4) that the Auburndale Police Department is conducting an internal investigation related the crash. Specifically, we are investigating (1) the allegation of unlawful speed and (2) the allegation of a violation of our policy regarding operating a police vehicle during an emergency response.
I cannot pre-judge the outcome of this investigation, nor discuss disciplinary decisions until that review is completed. We will use the facts and findings from the PCSO report as a part of the internal investigation. Sergeant Danny Swan has been assigned to administrative, non-patrol duties since the crash. This administrative assignment will continue pending the outcome of the internal investigation.” Terry Storie, Chief of Police, Auburndale
