No Criminal Charges For Providence Officer In Scooter Crash

PROVIDENCE, RI — The officer involved in a crash that seriously injured a 24-year-old Providence man in October will not face criminal charges, Attorney General Peter Neronha announced Thursday. Officer Kyle Endres is expected to face administrative action from the Providence Police Department.

An investigation determined that Endres did not directly crash into Jhamal Gonsalves's scooter, according to Neronha. Instead, his cruiser struck a stop sign that fell forward into Gonsalves's helmet, knocking him and his scooter to the ground.

Gonsalves is a person of color. Neronha said he understood the frustration some may feel that the crash was another example of a police officer not facing consequences for a violent encounter involving a Black or brown person. But he said he is bound by the rule of law.

"There is no reluctance on my part to charge people," he said, adding he has previously charged police officers. "I'm not afraid to charge anyone who I believe deserves to be charged ... What I try to do is get it right, and what I can't do is alter my analysis because people don't like the result."

According to Neronha, what mattered most in determining whether to charge Endres was whether his actions rose to the level of criminally reckless driving. Legally, it's a high standard, one that has been shown time and again throughout the history of the Rhode Island Supreme Court, he said. To meet that standard, the driver must have shown "heedless indifference to the consequences" of their actions, not just proof of negligent driving or poor judgement. This could include being intoxicated, texting while driving, speeding or knowing a vehicle's equipment, such as brakes, are not functioning properly.

"What we're trying to do here is capture what's enough, and what isn't," Neronha explained. "Misjudging that turn did not make him criminally reckless."

The crash happened Oct. 18 at the intersection of Bissell Street and Elmwood Avenue. Gonsalves was part of a group of around 100 people riding scooters and ATVs, many of which were not street legal, through the city, police said. The crash involved Gonsalves happened as officers tried to pull him and others over.

During the investigation, the state police Traffic Reconstruction Unit examined the cruiser, the scooter and more evidence. The vehicle data showed Endres braked as hard as he could at the moment of impact and was using an emergency steering maneuver to avoid hitting the scooter as Gonsalves suddenly turned right and drove onto the sidewalk of Bissell Street, according to the investigation. The way Endres turned the wheel was consistent with trying to avoid a collision under the circumstances, state police Col. James Manni said.

Although Endres will not face criminal charges, an administrative review is underway and repercussions are expected, said Public Safety Commissioner Steven Pare.

"There will be [consequences], but how many and what policy violations [occurred], it's too early to say," Pare said.

Pare expressed frustration with the current Law Officer's Bill of Rights, which forbids police administrators from discussing pending cases or violations. The results of the internal investigation are expected to be announced soon, he said.

The crash spurred several nights of protests in Providence, culminating in more than a dozen arrests when demonstrators became violent outside the Providence Public Safety Complex.

The attorney general's report, along with evidence used in the investigation, are available to the public on Neronha's website. The full press conference, which lasted over an hour, can be watched below.

Read more:

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• A Plea For Calm Amid 4th Night Of Providence Protests
• 21 Arrested After Protests Against Providence Police Turn Violent
• Providence Police Officer On Leave After Pursuit Severely Injures 24-Year-Old