on January 10, 2008 following an early morning police chase in Pineville, Kentucky. The incident unfolded when David J. Poppiti, the driver age17,  from New Castle, Delaware and Eric J. Gerren, 16, from Lincoln University, Pennsylvania drove off from a Exxon gas station in Harlan County Kentucky without paying $37.95 at 12:35 a.m. The teens then drove away from the gas station in Baxter and police followed them down U.S. 119 into Bell County. State police said the car was chased on wet roads for approximately 26 miles and speeding in a 55 mile-per-hour zone when two state troopers attempted to stop the vehicle during a pursuit. Troopers saw the car south on U.S. 119 and clocked it speeding 16 mph over the limit, state police said. Deputy Pursifull was stationed on the northbound side of U.S. 119 in his vehicle when the teen’s car veered over the center line and intentionally rammed into Pursifull’s cruiser on the right side.

KSP Troopers Ken Abner and Robert Farley which cite “negligence” in the death. The suit, accuses the defendants in the filed complaint saying “the defendants each were operating motor vehicles in a careless and negligent manner so as to cause a collision with a motor vehicle which the decedent (Anthony Sean Pursifull) was occupying.”  The plaintiff says that “as a direct and proximate result” of those actions, her husband sustained injuries which resulted in his death. The plaintiff seeks damages from the defendants, jointly and severally, because of the following: “the wrongful death of the decedent”; “the resultant loss to his estate representing the economic loss of his earning power”; “his funeral and burial expenses”; and damages for the “loss to the minor children of the services, comfort and society of their parent, the decedent.” Stephanie Bowles, who was carrying Anthony Sean Pursifull’s child at the time of his death, recently joined the suit with Melonie Pursifull against Abner and Farley on March 10, 2009.

Gerren had two charges in Delaware: offensive touching in 2005 and underage drinking last September, which landed him on probation for a year. Poppiti was a ninth grade drop out with a  past record of being charged with trespassing; attempting to engage in misdemeanor conduct; resisting arrest; attempted robbery; conspiracy; and several times with offensive touching. In May, Poppiti was charged with second-degree assault for allegedly slugging another teenager in the cheek without warning, fracturing a bone. The victim told police Poppiti allegedly hit him in retaliation for an incident a year earlier when Poppiti was drinking alcohol at the boy’s house and he made Poppiti leave, according to a court record. Poppiti pleaded guilty to an amended charge. He was given a curfew and ordered to attend anger management classes and undergo a psychological evaluation.

Gerren had two charges in Delaware: offensive touching in 2005 and underage drinking last September, which landed him on probation for a year. Poppiti was a ninth grade drop out with a  past record of being charged with trespassing; attempting to engage in misdemeanor conduct; resisting arrest; attempted robbery; conspiracy; and several times with offensive touching. In May, Poppiti was charged with second-degree assault for allegedly slugging another teenager in the cheek without warning, fracturing a bone. The victim told police Poppiti allegedly hit him in retaliation for an incident a year earlier when Poppiti was drinking alcohol at the boy’s house and he made Poppiti leave, according to a court record. Poppiti pleaded guilty to an amended charge. He was given a curfew and ordered to attend anger management classes and undergo a psychological evaluation.

Gerren’s case will remain in juvenile court by agreement of the lawyers in the case