DOVER — The families of two victims of a fatal crash on Sixth Street — Joseph Bougie, who died at 32, and Michael "Mike" Murphy, who died at 22 — have filed suit against the city and the former police officer whose actions they claim led to their deaths.

Former Dover police officer Killian Kondrup was fired last year because of his dishonesty about a pursuit that preceded two local men being killed in a March 2021 crash on Sixth Street. Kondrup’s certification to work as an officer was permanently revoked in January 2022.

Now, the families are filing suit in a bid to hold accountable Kondrup and the city that employed him.

What happened the night of the accident In the early hours of March 18, 2021, a BMW sedan struck a utility pole and tree before being engulfed in flames. Bougie and Murphy, both of Rochester, were dead at the scene of the fiery crash on Sixth Street near Long Hill Road after a night out on St. Patrick's Day that included a visit to a downtown pub. Bougie was the driver.

Dover Police Chief William Breault said previously Kondrup was put on administrative leave March 25, 2021 after security footage proved he had lied by omission to his supervisors, telling them he had not pursued the BMW that crashed and burned when in fact he had. An internal investigation followed, and he was fired on April 7.

Family and friends of Murphy had in late March raised concerns about what prompted the accident. They shared saved Snapchat posts and text messages showing Murphy stated the two men were being chased by police moments before they died. At the time, the Dover Police Department issued a statement, denying officers were attempting to stop or pursue the vehicle when it crashed.

The Dover police statement last year described the events leading up to the fatal crash that night, reporting an officer now known to be Kondrup discontinued an attempt to stop the two men before the crash.

In Kondrup’s initial report, which was obtained by Foster's Daily Democrat via a Right to Know request to the city of Dover, the now former officer described having a prior encounter with the two men earlier that night in the parking lot of Cara Irish Pub. He stated after Bougie could not be located he “cleared the scene and ended my involvement with this case." He described happening upon the wreck shortly after.

In the course of being questioned about the accident in the following days, Kondrup could not keep his story straight about the events of that evening, according to police reports. Breault described earlier this year that Kondrup “lied by omission” by making these statements, and not owning up to it when questioned by his superiors. Breault explained the circumstances when he was questioned by Foster's following the revocation of Kondrup's certification to work as an officer by the New Hampshire Police Standards and Training Council, more than eight months after the crash.

In 2021, Kondrup had attempted to appeal the termination of his employment due to his untruthfulness. In a letter from the city to the lawyer representing Kondrup, the city attorney, Joshua Wyatt, stated, “had the Snapchat messages not provided the clue necessary for investigators to dig deeper and question the account of events that had initially been provided, then the underlying events surrounding the attempt to stop may have never come to light.”

'Lying by omission': Dover police officer loses job, career for lying about double fatal crash on Sixth Street

Lawsuit says officer and city are liable for two deaths The lawsuit alleges negligence by Kondrup, stating he created a “foreseeable zone of risk by engaging in an unauthorized high-speed pursuit of Joseph Bougie in violation of several Dover Police Department policies and procedures.” It alleges that Kondrup did not exercise reasonable care when he activated his blue lights in an attempt to stop, failed to notify the police dispatch, failed to seek authorization for the pursuit, and “operated his patrol car recklessly over twice the posted speed limit, thus causing Bougie to flee at a high rate of speed and lose control of his vehicle.”

The suit against the city states that the city is liable for Kondrup’s negligence while he was an employee of the city.

'Career-ender' Why fired police officer's lie about fatal crash means no more 2nd chances

The lawsuit points to the interaction Kondrup had with the men prior to the chase and crash, and the lies Kondrup told after it happened, all citing Dover city documents regarding the firing of the officer. On March 26, 2021, then-police Lt. Scott Pettingill confronted Kondrup about why he intentionally omitted facts from the night of the incident. He admitted that he lied because he panicked and felt he was responsible for causing the crash and was concerned about subsequent consequences. Kondrup made a similar statement during his decertification hearing.

“Dover Police Department policy requires that police officers notify dispatch before engaging in an attempt to stop by operating a police vehicle in excess of 20 miles per hour (m.p.h.) over the speed limit," the lawsuit states. “Officer Kondrup failed to notify dispatch that he had activated his emergency lights in an attempt to stop.”

What the families are seeking Murphy’s estate is represented by Michael Rainboth and James Coughenour, and Bougie’s estate is represented by Frank Quinn. The families said they do not want to comment at this time, according to Rainboth. Both families have previously expressed frustration with what they called a lack of transparency from the department when Kondrup was fired for lying about his interactions with their sons the night they died.

The families are not seeking a specified dollar amount in the lawsuit, which names Pamela Leighton (Bougie's mother) and Sarah Rosenberger (Murphy's mother) as representatives of the families. The suit states they are seeking "appropriate damages, including compensatory, equitable, and punitive damages, attorneys’ fees and costs ... and such other relief as may be just and equitable."

Wyatt, the Dover city attorney, declined Thursday to comment on the lawsuit.

The damages announced by the jury Friday is half a million dollars more than sought.

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In today’s post, we examine two important new recommendations with respect to car seat safety:

Which type of car seat should I use?

Using a portable infant carrier is the safest option for newborns. However, it’s critical to understand when is the appropriate time to transition your baby from a carrier into a convertible car seat. Pay close attention to the height restrictions of the infant carrier. You’ll want to move your baby into a convertible carrier when the distance from the top of your baby’s head is less than one inch from the top of the carrier shell. All babies – regardless of height – should be in convertible car seats by the time they’re one year old.

Consumer Reports conducted crash tests with both types of car seats – each containing 22-pound dummies representing one-year-old babies. It found that the longer shell of the convertible carrier better protected the dummies’ heads from crashing into the front seat back. Only 4% of dummies in convertible carriers sustained head injury, compared to 53% in infant carriers.

When can my child start facing forward?

Conventional safety guidance has dictated that convertible car seats be rotated to a forward-facing position when the child reaches two years of age. However, further research has found that it’s safest for children to remain in the rear-facing position for as long as is feasible – according to the seat’s height and weight restrictions for that orientation. Because the height and weight of young children can vary greatly, some children may not be ready for this transition until they reach four years of age.

Head and spinal injuries are a primary cause of injury and death in car accidents involving small children. Taking these simple steps can play a vital role in keeping your child safe on the road.

Train all workers in ladder safety.

Conduct quality control.

Train workers on correct positioning.

Prohibit dangerous shortcuts.

Take precautions against electrocution.