Man charged after alleged ramming injured two Fraser officers

A 61-year-old man faces felony charges after prosecutors say he rammed a Fraser patrol vehicle and injured two officers.

The Macomb County Prosecutor’s Office said the Oct. 26 incident began when Fraser Public Safety officers tried to stop a vehicle behind a business on Kelly Road near Groesbeck. The vehicle had been linked to an alleged hit-and-run and fleeing incident.

Prosecutors allege Gaspare Cracchiolo, of Clinton Township, intentionally drove into the driver’s-side door while both officers were inside the patrol vehicle. One reported arm and knee pain, while the other reported back and leg pain.

The officers got out through the passenger-side door and ordered him to stop. Cracchiolo allegedly backed out of the parking lot and fled. Other Fraser officers pursued him before he allegedly lost control and overturned into a retention pond near Groesbeck and 11 Mile Road. He was arrested after being medically cleared.

In an update after the crash, Fraser Public Safety Capt. Scott Matthew said the officers were recovering.

“But they're doing much better today,” Matthew said.

Cracchiolo was arraigned Wednesday, Oct. 28, before Judge Joseph F. Boedeker in 39th District Court in Roseville. His charges include two counts each of assault with intent to do great bodily harm less than murder, felonious assault and assaulting, resisting or obstructing an officer causing injury. He also faces third-degree fleeing and eluding and malicious destruction of police property charges.

The misdemeanor charges involve operating while intoxicated or impaired, driving with a suspended, revoked or denied license and unlawful use of a license plate, registration or title. Prosecutors filed second-offense notices on the impaired-driving and license charges and a fourth-offense habitual offender notice.

Bond was set at $1 million cash or surety, with no 10% option. If released, Cracchiolo must wear a GPS tether, avoid drugs and alcohol and undergo random drug testing. A probable cause conference is scheduled for 8:30 a.m. Nov. 13. The charges remain allegations, and he is presumed innocent.

When can an injured Michigan police officer sue a driver?

An officer can pursue a claim against a private driver when the evidence meets Michigan’s special requirements for injuries arising from the normal, inherent and foreseeable risks of police work. Under MCL 600.2967, qualifying grounds include injury caused by grossly negligent, wanton, willful or intentional conduct. Gross negligence means conduct so reckless that it demonstrates a substantial lack of concern for whether injury results.

The law also recognizes injury-causing conduct that results in a criminal conviction, guilty plea or no-contest plea. A criminal charge alone doesn’t satisfy that ground. Claims based on ordinary negligence face additional statutory conditions, and other legal requirements still affect whether damages can be recovered.

Workers’ compensation after an on-duty crash

An officer whose injury arises out of and in the course of employment may qualify for workers’ compensation benefits, including medical care and qualifying wage-loss payments. Accepting those benefits doesn’t automatically prevent a separate claim against a legally responsible driver who isn’t the employer or a coworker. The employer or workers’ compensation insurer may have reimbursement rights if that claim produces a recovery.

Michigan Legal Center’s explanation of car accidents while working in Michigan discusses how work injury benefits and claims against outside drivers can overlap and why the claims need to be coordinated.

Get help from Michigan Legal Center

Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates handles motor vehicle injury claims and can review how a work-related crash affects possible benefits and civil claims.

If you were injured in a crash while working, Contact Michigan Legal Center to ask about possible benefits and whether Michigan Legal Center can help with your claim.

There is no attorney fee unless money is recovered for you. Case costs and fee terms are governed by the written fee agreement.