Lincoln County deputies released drunk teens before fatal crash, lawsuit claims
NOTE: Video attached to this story is from FOX 2's April 2023 coverage of the crash now at the center of the lawsuit.
LINCOLN COUNTY, Mo. - The family of a woman killed in a 2023 crash in Lincoln County has filed a wrongful death lawsuit, alleging that sheriff's deputies knowingly allowed intoxicated teenagers to drive away from a house party shortly before the fatal collision.
Attorneys for Thomas and Jennifer Neldon filed the lawsuit Tuesday in the Lincoln County Circuit Court on behalf of their daughter Rachel "Grace" Neldon. She and three teenagers died in a crash on Highway 79 in Lincoln County on April 29, 2023.
The lawsuit names the Lincoln County Sheriff's Office, along with deputies A. Ryan and J. Williams, Sgt. Joseph Kenney, and Lt. Eric Redman. The suit also targets three adults, said to be the homeowners where the house party took place before the fatal crash. They are identified as Amelia Buie Titone, Andrew Titone, and Brian Buie.
According to the lawsuit, on the night of the crash, deputies A. Ryan and J. Williams responded to a peace disturbance call at a home in the 2300 block of Highway C. Upon arrival, they parked their vehicles to block the driveway of the home and prevent vehicles from leaving.
Shortly thereafter, the deputies observed "dozens of juveniles" and alcoholic beverages. The deputies also smelled alcohol and marijuana at the home.
A juvenile reportedly told deputies he was hosting the party, and the lawsuit claims his parents, listed as homeowners in the suit, were not supervising the gathering.
The lawsuit alleges that instead of contacting the parents of the juveniles at the party, the deputies spoke with the party host's brother, who told deputies to "force" the juveniles to leave the home. The deputies reportedly complied with that request without contacting the homeowners or other parents.
The lawsuit claims the deputies "gathered a multitude of juveniles present, instructed them to get in their vehicles, and told the juveniles they would instruct them on the direction the deputies wanted them to travel when leaving."
It further states the deputies "did this knowing that many juveniles were drunk, high, a combination of the two, or likely on other drugs." The lawsuit cites examples of impairment, such as a driver who turned on windshield wipers instead of headlights when prompted by deputies.
According to the lawsuit, among those who left the party was a 16-year-old girl who "had not only been drinking alcohol but had been consuming marijuana and ingesting cocaine.
Shortly after 16-year-old left the home, she merged onto Highway 79 and struck the front of Neldon's car. Neldon died at the scene, as did the 16-year-old driver and two other teenagers, ages 15 and 16, according to previous FOX 2 reports, citing the Missouri State Highway Patrol.
The lawsuit alleges that deputies acted with negligence by allowing underage and impaired drivers to leave the party, failing to intervene despite clear signs of intoxication, and not requesting backup or contacting the juvenile party host's parents.
It also accuses the Lincoln County Sheriff's Office of liability under the legal doctrine of respondeat superior, which holds employers accountable for the actions of their employees.
Lastly, the suit claims the homeowners were negligent for failing to supervise their son and for allowing a party where they "knew or should have known" that minors would be drinking, using drugs, and potentially driving.
The Neldon family seeks financial compensation for the loss of their daughter and the emotional and economic impact of her death. They have requested a jury trial.
Lincoln County Sheriff Rick Harrell shared the following statement Wednesday with FOX 2 regarding the lawsuit:
"First, I want to express that the loss of life that occurred on April 29, 2023, was a tragedy that deeply affected many in our community. I responded to the crash scene that night myself, and I will never forget the heartbreak experienced by those involved.
Three of the four deputies named in the lawsuit are currently employed by the Lincoln County Sheriff’s Office.
I was made aware of the general circumstances surrounding the incident the night it occurred, as I was on scene. The more specific allegations in the lawsuit were brought forward after the fact, and we will review them closely.
Because the fatal crash was investigated independently by the Missouri State Highway Patrol, we deferred to that agency’s findings as the primary investigative authority. At that time, we did not open a separate internal affairs investigation but cooperated fully with the MSHP.
As mentioned, no internal affairs investigation was initiated separate from the MSHP review. Based on the information available to us at the time and the findings of the outside investigation, no disciplinary action was taken.
I understand there are many emotions involved in this case, and I won’t minimize that. Our deputies are often placed in complex situations. Our priority is always the safety of everyone present. We are taking this lawsuit seriously and will continue to cooperate fully through the legal process."