Two Broward Sheriff’s deputies were suspended after an internal investigation centered on whether a violent crash that killed two women more than a year earlier occurred during a pursuit.

Gavin Dorvil, 21, of Lauderdale Lakes, was driving a 2023 Tesla Model 3 on Aug. 11, 2024, about 4 p.m. when he ran a red light at the intersection of Northwest 27th Avenue and Sistrunk Boulevard near Fort Lauderdale and collided with a Dodge Durango, a probable cause affidavit said.

The Tesla was speeding between 85 and 91 mph in a 35 mph zone at the moment of impact, according to the affidavit and a newly released 24-page BSO Internal Affairs investigation report. Both cars then crashed through a fence around the Forest Lawn Memorial Gardens Central cemetery.

Lisa Jackson, 55, the driver of the Dodge, and passenger Geraldine Francis, 79, both of Bermuda, died from blunt force injuries, according to Medical Examiner’s Office reports. The third person inside the Dodge, whose name was not released because she was a minor, was seriously injured and needed surgery.

BSO’s Internal Affairs investigated allegations that Deputies Nicholas Marciante and Mark Sugg violated BSO’s discretion and pursuit policies by following the Tesla after the driver refused to stop and drove evasively to get away, according to the IA report.

The deputies were placed on administrative assignment during the Internal Affairs investigation, which concluded in September. The report and final disposition memos were released by the Sheriff’s Office this week.

The investigation found both deputies violated BSO’s policy on discretion. Neither violated the pursuit policy, according to the memos. In October, Sugg received an 8-hour suspension without pay; Marciante received a 16-hour suspension without pay.

The discretion policy says deputies must use “common sense and good judgment” and be mindful of combining experience, training, policies and supervisor guidance in their judgment process, as “it is not possible to anticipate all situations that may arise or prescribe applicable courses of action.”

The Internal Affairs records did not elaborate further on the deputies’ policy violation.

BSO’s pursuit policy distinguishes between chases and “failure to yield” traffic events, which are when deputies do not make further attempts to follow or signal the driver to stop. Pursuits are when deputies follow in an attempt to apprehend suspects who are trying to evade arrest, driving at high speeds or through other evasive tactics.

Within the past two months, four deadly crashes have occurred during pursuits in Broward County, killing five people. The South Florida Sun Sentinel found that at least 289 crashes have occurred during pursuits in recent years in Broward and Palm Beach counties, and officers across multiple South Florida police departments have engaged in many high-speed pursuits for traffic violations, stolen cars, suspicious drivers and nonviolent offenses despite policies prohibiting chases in those circumstances.

Five deaths, two months: The risks of hundreds of police pursuits on South Florida roads

Tesla driver was ‘sole contributor’

Sugg first tried to pull Dorvil over at an intersection not far from the crash site, but Dorvil did not stop, made several turns through the neighborhood and sped away, the IA report said.

As both deputies followed Dorvil, the marked police cars accelerated up to maximum speeds of 76 mph and 83 mph, according to surveillance video and GPS data of both BSO cars. About 10 seconds later, the Tesla ran the red light at the intersection and crashed into the Dodge.

The Traffic Homicide detective who investigated the crash told Internal Affairs that a camera in the area showed that the deputies were not pursuing the Tesla, according to the IA report. The detective said “there was a significant gap” in distance between the Tesla and the deputies’ marked cars.

Dorvil was “the sole contributor” to the crash and did not believe the “incident placed a liability on the agency,” the Traffic Homicide investigator determined. A witness also called the Sheriff’s Office to say that the deputies had not been chasing the Tesla at the time of the crash, according to the IA report.

Policy violations

The deputies had been working together to make traffic stops when they spotted the Tesla that afternoon. One of the deputies said he wanted to pull over the car due to dark windshield tint.

They tried multiple times to get the Tesla’s license plate number but couldn’t and continued to follow, according to their statements.

Video showed that both deputies entered the intersection where the crash occurred about 10 seconds after the Tesla collided with the Dodge, the IA report said.

Sugg and Marciante in sworn statements during the investigation both said they were not in pursuit.

The report said both deputies told investigators they should have stopped their efforts after the Tesla fled from the attempted traffic stop. Both also acknowledged that their actions were violations of BSO’s discretion policy.

Criminal case pending

Dorvil was charged with a total of 11 felony and misdemeanor counts, including two counts of vehicular homicide and three counts of aggravated fleeing and eluding causing injury or death, court records show. He pleaded not guilty to all charges.

A status conference is scheduled for June 16. He remains in the Broward Main Jail.