'I wish we had done more': Ocala police chief apologizes after crash that killed mother, son

OCALA, Fla. - The family of a mother and son killed in an apparent drunken driving crash in Ocala is speaking publicly for the first time, saying they are grieving an unimaginable loss while calling for accountability.

Fifty-one-year-old De Lawn Duncan and her 31-year-old son, Eric McGill, were killed Tuesday morning after police say a minivan driven by one of two brothers crashed into their vehicle.

Family of victims speaks out after deadly crash

What they're saying:

The family's statement comes as the Ocala Police Department investigates the actions of three officers who encountered the brothers minutes before the crash but did not conduct a DUI investigation.

The victims' family expressed profound grief and requested full accountability. 

In the statement released Thursday afternoon, the family said, "We appreciate the Ocala Police Department’s transparency over the last several days and its willingness to address the circumstances surrounding this tragedy. While we recognize and appreciate that transparency, it should not overshadow the decisions and events that preceded this devastating loss. This tragedy began with the decision of the driver to get behind the wheel after drinking. There are also serious questions regarding the actions and missteps of the officer who encountered the driver prior to the crash, including what occurred after law enforcement was advised that he had been drinking. Those circumstances deserve careful scrutiny and accountability."

Ocala Police Chief: 'I am profoundly sorry'

Ocala Police Chief Mike Balken said the tragedy may have been prevented if officers had taken additional steps during the roadside encounter.

"To the family who have lost their loved ones, I am profoundly sorry," Balken said. "I only wish we had done more to prevent this tragedy."

Body-camera video shows officers approaching two brothers whose vehicle was stopped in the roadway while they argued on the sidewalk. During the encounter, one brother acknowledged he had been drinking.

"He's my little brother, and he's been drinking a little bit more than I have," the driver told officers.

Balken said officers failed to investigate possible impairment or ask basic follow-up questions about alcohol consumption before allowing the brothers to leave.

Experts question missed opportunities

Two retired Central Florida law enforcement officers reviewed the body-camera video for FOX 35.

Both said the younger brother appeared intoxicated. However, retired Orange County Sheriff's Sgt. Mike Ruggiero said the driver did not display many of the physical signs typically associated with impairment.

"I didn't see the things that we normally associate with somebody that's intoxicated," Ruggiero said. "He was very steady on his feet. He wasn't stumbling or unbalanced."

Because neither man was behind the wheel when officers arrived, the experts said a DUI arrest may not have been legally justified at that moment.

Still, they said officers had other options.

"If you don't want to make the arrest, call a family member. Call a cab, tow the vehicle where they can't have access to it," said former Orange County Sheriff's detective Jamie Copenhaver.

Internal investigation underway

The officer who initially contacted the brothers has been placed on paid administrative leave. A second officer and a supervising sergeant who also responded have been reassigned while the department conducts an internal affairs investigation.

Minutes after the encounter, police say the brothers drove away and were involved in the crash that killed Duncan and McGill. Investigators believe speed was a factor.

Balken said the department must follow established investigative procedures before determining discipline. He said possible consequences range from corrective action to termination.