A BMW driven by a 16-year-old that struck a police car, killing one officer and injuring another, was going 125 mph at the time of impact, according to a report prepared by the California Highway Patrol.
Officer Austin Machitar was killed in the August 2024 crash, as was the driver of the BMW, Edgar Oviedo. Officer Zachary Martinez, who was behind the wheel of the patrol car Machitar was riding in, survived his injuries.
The 344-page report obtained by NBC 7 analyzes road conditions, communications and the actions of the drivers involved in the crash.
Oviedo was spotted by an officer on patrol near Clairemont Town Square when the BMW almost crashed into a white sedan and sped off. The officer turned on his lights and siren, and began pursuing the BMW as he radioed in with details of the chase.
Martinez and Machitar were in the area, so they drove toward where the BMW was approaching, with their lights and siren activated.
The CHP report states that the BMW was going 125.7 mph as it approached the intersection of Clairemont Mesa and Dolvia Drive, which Martinez and Machitar were approaching. As the speeding car got closer, the report says, Martinez “took evasive action by applying the accelerator pedal to 100% of full and turning the steering wheel left and right.”
NBC 7’s Omari Fleming has a closer look at the lives of the officer who died and the officer still in the hospital.
That evasive action wasn’t enough. The BMW struck the cruiser, which burst into flames. The CHP report shows neither Martinez nor Machitar was wearing a seat belt.
NBC 7 reached out to the San Diego Police Department for reaction to the report and some inconsistencies it made in previous statements about the seconds before the crash. A spokesperson sent the following statement:
“SDPD is grateful for the careful and comprehensive investigation into this crash by the California Highway Patrol. Their efforts brought clarity to a moment that forever changed our department.
“This incident has left a lasting mark on the Machitar family, our officers and our city. We are incredibly proud of how our team responded that night, and in the days and months that followed.
“The findings revealed some information was not as we had initially thought, but, ultimately, it was clear that our officers did everything they reasonably could under the circumstances. As we move forward, we will continue to honor Austin’s memory by supporting one another and upholding the values he lived by.”
Amid the sorrow after the crash, there are still many questions about what happened. The California Highway Patrol is investigating. NBC 7’s Dave Summers spoke to witnesses.
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