Nov. 7--A Gibsonville fi refi ghter arrested last month on his way to an apartment fire no longer faces felony charges, but the district attorney's office won't say whether the traffi c offenses he racked up that day will stick.
Gibsonville Fire Assistant Chief Joseph Loy was charged by Elon University campus police on Oct. 9 with flee/elude arrest, which is a felony, as well as speeding, failing to stop at a red light, reckless driving, failing to heed to a light or siren and unsafe passing yellow line.
Loy's daughter, Crystal Thompson, maintains that her father was on his way to a fire the night in question, and she doesn't think he should have been charged at all. The district attorney's office agreed, at least in regard to the flee/elude arrest charge.
Assistant District Attorney Pat Nadolski dismissed the felony charge Oct. 15. His reasoning was "insufficient evidence," according to court records.
"All evidence shows the defendant was acting in his capacity as an assistant volunteer fi re chief and was responding to a fire call concerning an apartment fire, that he drove to the Gibsonville Fire Department and stopped his vehicle at the Fire Department to respond to the fi re with other Gibsonville fi remen," court records state.
Nadolski said he couldn't comment on the other charges. District Attorney Rob Johnson said they will be disposed of in court, which means they could be either dismissed or prosecuted.
Thompson said her father was working at his shop on Haggard Avenue in Elon when the fire call came in at about 10 p.m. Oct. 9. Loy, who has volunteered with the department for more than 36 years, was driving the family's third vehicle at the time, and didn't have the strobe light that he typically turns on when responding to a fi re.
Loy put the vehicle's hazard lights on and headed to the Gibsonville Fire Department. Elon University Police Offi -- cer J. Tillotson pulled behind Loy on West Haggard Avenue near University Drive. Loy saw the police car behind him and saw the fl ashing lights, Thompson said.
"He thought it was a cop going to the fi re call," Thompson said.
Loy didn't think there was a problem. When he arrived at the Gibsonville Fire Department, he found out otherwise.
"He was getting ready to go on the (fire) truck and was handcuffed and slapped with a felony and fi ve traffi c violations," Thompson said. "It's really sad that a cop would do that to a fi reman."
Loy is accused of driving 55 mph in a 35 mph zone. He allegedly passed vehicles in a no-passing zone and went through a red traffic light, according to court records.
Thompson said that Loy tried to explain that he was a fi refighter, but the offi cer allegedly wouldn't listen. Loy was taken to the Alamance County magistrate's offi ce and charged.
"Even at the Police Department and at the Sheriff's Department, he tried to explain," she said. "The cop just wanted to keep throwing charges at him. They never asked him if he needed to call anybody. Luckily, we heard about it because they didn't ever give him a chance."
Elon University Campus Police Chief Chuck Gantos said the case has been handed over to the district attorney's office so he didn't want to comment on it. He did say that "they were pursuing what they thought to be a crime," and he couldn't say any more about until it goes to court. Loy's district court date is Dec. 10.
Attorney Doug Hoy, who is also Gibsonville's town attorney, is representing Loy. Hoy, who said he is Loy's private attorney and isn't representing him on behalf of the town, also said he couldn't comment about the case.
Thompson thinks her father is being treated unfairly.
"His name has been put out there as if he did something wrong," she said. "All he was trying to do is do what a volunteer does and try and help someone. Maybe he was speeding but it was a house fire. No one wants someone's house to burn down."
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5 comments postedI'm glad i just seen the
I'm glad i just seen the comment from the daughter because i forgot what this guy said above about the embarressment on the dept. the embarressment is how the brotherhood is so clear in this guys opinon, GOOD LUCK CHIEF LOY HOPE IT ALL WORKS OUT THANKS FOR WHAT YOU DO AS A 36 YEAR VET.
I just want to comment on the
I just want to comment on the posting above, i myself was once a volunteer ff and now a career ff and happen to know Chief Loy and happen to know the situation. In the comment above this fellow is talking about "busting a red light" if any ff this day and time bust a light you and your dept. need to sit down and have a big i mean huge training session. I know for a fact Chief Loy DID NOT bust the light,he came to complete stop and then proceeded through the light,just to clear that up!The speed yes could have been toned down just a bit but come on if you have ever responded to acall and did not speed your telling a bear faced lie.Like i said i know Loy and know he does have warning devices on his vehicle as needed but in this case his vehicle was under repair and was driving the families spair car sadly for him in this situation.Also Loy is a 36 year vet.and not some 18 year old kid who just joined the dept.and is running his first working fire, 36 years,a chief,so if you understand what i'm getting at he's not responding to be the first on the truck,he's a chief!! Now i'm not knocking the police officer for doing his job but it could have been justified a little different. Should be a little better relationship between fire and police.
I am the daughter of this
I am the daughter of this fireman and I would like to clear a few things up! First of all I never said my dad did no wrong! But lets just look at a some details first, ok, he gets in vehicle turns on hazzards and comes up to red light STOPS and when nothing is coming goes around car that clearly sees him and he goes through intersection. Not putting anyones life in danger!!! Yes he sees the lights behind him but thinks its an officer reponded to call as they always do in our little town. Once they both reach the station, I would think that was the officer understood what was going on and this man was not eluding arrest and hiding on a fire truck, things should have been handled differently! I would think most everyone would agree that an arrest and felony was a little overboard!!!! And as for as an embassment to the department you have got to be kidding?!?!?!? A true BROTHERHOOD stands together!!!!! So until you know 100% of facts please do not discredit someone!
Thank you !
Good luck chief I was cited
Good luck chief I was cited for reckless driving and speeding going to a wildland fire threatening structures in my POV with no emergency lights and was going about 10mph over the speed limit.
The officer, a former firefighter, followed me all the way to the call and then wrote me a ticket for the 2 infractions.
I wish you the best of luck and hope that this officer remembers that you will no longer be pushing as hard to get to a call, and hopefully it WON'T be his home...
As firefighters paid or
As firefighters paid or volunteer our primary goal is life safety and property conservation, or at least it should be. I am speaking as a firefighter and have filled the shoes of both paid and volunteer. When we are called we often develop tunnel vision and are in a hurry to help others and put our lives on the line without question. I do not know the specifics of this story only what's posted. All firefighters know that in NC we are allowed to display emergency warning lights while Chief Officers are permitted an audible siren and apparatus have both. We are merely requesting the right of way, are not guaranteed anything, and we still have to obey ALL traffic laws. In most portions of the state law enforcement allows us to safely exceed the posted speed limit or possibly disregard a red light after stopping and clearing an intersection. For someone to go far beyond the posted limit and "blow through a red light" with complete disregard to themselves and others on the road, do we really want this type of irrational person in charge of an emergency scene? I sure don't. The daughter felt he was done wrong and the police were picking on him. Would her thoughts be different if the headlines would have read "Fire Fighter killed responding to an alarm after running a red light" or "Fire fighter runs light killing family of 3"? The argument could be he was only in a hurry to help others, but what does it show when we actually cause more harm or death? What happened to arrive alive? Would this Asst. Chief have driven a 30,000 lb. apparatus to the incident endangering himself, his crew on board, and others on the roadway had the police officer turned his head the other way? This is a sad incident for the fire service and the Asst. Chief is an embarrassment to his department and the entire fire service. On the other hand, I am so sick of reading negative headlines involving fire fighters. Had this been an ordinary everyday citizen it would not have made the local news but since it was a fire fighter lets publicize it to seem that all fire fighters act with this behavior. To his daughter, I am sure your father is a very honorable and courageous man, has helped hundreds of others, but let's not say it is ok to act this way and take other lives. As fire fighters we see the death and destruction that driving reckless or under the influence causes to the innocence so we should be held to a higher standard. The police officer knows this and was most likely the reason it bothered him as much as it did. And Ms. Thompson you are correct nobody wants to see their house burn down, but nobody wants to lose a loved one due to carelessness so be glad despite the charges your father returned home safe once again.To the Police Officer, thank you for doing your job and protecting us from ourselves.
GOD BLESS AND STAY SAFE!