((KEVIN)) A MOM FEELS LIKE AN
ARKANSAS STATE LAW IS FAILING
HER FAMILY AFTER SHE WAS
SEVERELY INJURED IN A CAR
CRASH CAUSED BY A SHANNON
HILLS POLICE OFFICER.
((DONNA)) ITS BEEN ALMOST A
YEAR SINCE THE CRASH AND
THE MOM CAN'T AFFORD THE
MEDICAL CARE SHE NOW NEEDS.
MEANWHILE BOTH THE CITY AND
OFFICER NEVER HAD TO PAY FOR
THOSE CONSEQUENCES SINCE
THEY'RE PROTECTED BY IMMUNITY
LAWS. ((KEVIN)) TONIGHT IN A
FOX 16 INVESTIGATES OUR
SUSAN EL KHOURY EXPLAINS JUST
WHAT'S AT STAKE.
((SUSAN EL KHOURY)) THE
FAMILY'S MEDICAL BILLS ARE NOW
WELL OVER A MILLION DOLLARS
BUT ALL THEY GOT FROM SHANNON
HILLS WAS 2THOUSAND
DOLLARS. IT'S BARELY A DROP IN
THE BUCKET BUT THAT'S THE
MOST THEY COULD GE THE WAY
IT STANDS NOW THEIR ONLY OTHER
OPTION IS TO FILE FOR
BANKRUPTCY SINCE THERE'S A
STATE LAW BLOCKING THE FAMILY
FROM EVER SUING THE OFFIER OR
THE CITY. EVERY DAY HEATHER
CROSS BRACES FOR A REALIT
We never asked for this" THAT
WILL NEVER LOOK LIKE THE LIFE
SHE USED TO LIVE. ((MATT
CROSS// HEATHER'S HUSBAND))
This is the life that we were
forced into. We don't have the
ability to come out of this."
HER HUSBAND MATT QUIT HIS JOB
Starts with those" TO BE
HER FULL TIME CAREGIVE "I
help her take her medications,
I help her take showers." EVER
SINCE A CAR CRASH THREW THEIR
LIFE INTO REVERSE AND
STARTED A DOMINO EFFECT OF
LOSSES. This is what's left of
our business." HER HAIR
SALO IS IN STORAGE. THE
FAMILY FORCED TO CLOSE THEIR
SHANNON HILLS SHOP TO FOCUS
ON HEATHER'S RECOVERY. ((MATT
CROSS// HEATHER'S HUSBAND))
"We live off of social
security disability, we go up
and have to file for food
stamps to make sure my family
is fed." IN SEPTEMBER 2019
HEATHER STOPPED HERE ON COUNTY
LINE ROAD SHE WAS WAITING TO
TURN INTO DAVIS ELEMENTARY TO
PICK UP HER YEAOLD SON. AT
THE SAME TIME SHANNON HILLS
POLICE OFFICER JOSE PADILLA
WAS HEADED HER WAY THIS
DIAGRAM FROM STATE POLICE
SHOWS HOW HE DROVE IN THE
WRONG LANE AND CRASHED HEAD
ON INTO HEATHER. ((MATT
CROSS// HEATHER'S HUSBAND))
"The impact was so hard it
blew everything inside her car
out the back glass." "I threw
my hands up and said how can
this happen in a school zone."
HEATHER SUFFERED SEVERE
INJURIES THAT KEPT HER IN THE
ICU FOR WEEKS. STROKES LEFT
HER WITH PERMANENT BRAIN
DAMAGE TO THE POINT
TALKING IS NOW A CHALLENGE.
((MATT CROSS// HEATHER'S
HUSBAND)) "She lost the
ability to be the mom that she
wanted to be." ON THE CRASH
REPORT STATE POLICE NOTED
OFFICER PADILLA IS "at fault
for careless and prohibited
driving." BUT HE NEVER GOT A
TICKET FOR THAT. AND THE
INVESTIGATION ENDED A FEW
WEEKS AFTER THE CRASH WHEN
THESE PICTURES ALONG WITH
THE REPORT WERE SENT TO THE
SALINE COUNTY PROSECUTOR.
PROSECUTORS NEVER FILED
CHARGES SOMETHING THEY WON'T
TALK TO US ABOUT. SO I HEADED
OVER TO THE SHANNON HILLS
POLICE DEPARTMENT TO SEE IF IT
WAS HANDLED INTERNALLY BUT
ALL I GOT WAS A NOTE SAYING
OFFICER PADILLA HAS "no
disciplinary history." AND THE
POLICE CHIEF ALSO DECLINED TO
COMMENT. ((MATT CROSS//
HEATHER'S HUSBAND)) "Jose
Padilla did not have to face
justice and is it because he's
a cop? Is it because cops are
above the law." IT'S A
QUESTION THE CROSSES DON'T
HAVE A LOT OF TIME TO THINK
ABOU INSTEAD THERE'S A
GROWING STACK OF MEDICAL BILLS
THEY DON'T KNOW HOW TO PAY
FOR. "Patient's responsibility
$21,600" HER FIRST TWO WEEKS
IN THE HOSPITAL ALONE COST
WELL OVER TWHUNDRED THOUSAND
DOLLARS. ((MATT CROSS//
HEATHER'S HUSBAND)) Why do we
have to pay the millions of
dollars in medical bills?"
IT'S A COST THE CITY OF
SHANNON HILLS AND OFFICER
PADILLA WILL NEVER HAVE TO
PAY. THIS SETTLEMEN IS ALL
THE FAMILY GO 2THOUSAND
DOLLARS PAID BY THE CITY'S
LIMITED LIABILITY CAR
INSURANCE. ALL OF THIS IS
BECAUSE STATE IMMUNITY LAWS
MEAN THE OFFICER AND CITY
CAN'T BE TAKEN TO COURT.
((MICHAEL CROCKETT// CROSS
FAMILY LAWYER)) (Have you ever
come across this before?)
"Unfortunately I've seen it
many times." AS THE FAMILY'S
LAWYER, MICHAEL CROKETT SAYS
IT ALL GOES BACK TO THE STATE
CONSTITUTION. ((MICHAEL
CROCKETT// CROSS FAMILY
LAWYER)) "The state of
Arkansas shall never be a
defendant in any of the
courts." BASICALLY THAT LAW
MEANS OFFICERS ARE PROTECTED
FROM BEING SUED FOR WHAT THEY
DO WHILE THEY'RE WORKING.
THAT'S SOMETHING CROCKETT
WANTS TO CHANGE. ((MICHAEL
CROCKETT// CROSS FAMILY
LAWYER)) "You do away with
that you're going to find the
cities are going to get the
insurance coverage they need
to protect the people that are
victimized." GETTING RID OF
IMMUNITY LAWS ISN'T A NEW IDEA
((JOSH SILVERSTEIN//
ATTORNEY)) "I want to abolish
sovereign immunity entirely."
ATTORNEY JOSH SILVERSTIEN
TYPED UP A PROPOSAL TO AMEND
THE LA AND BROUGHT IT TO THE
CAPITOL IN PART ARGUING THE
LAW IS ANTIQUATED. ((JOSH
SILVERSTEIN// ATTORNEY))
"Sovereign immunity originated
about 6, 700 years ago in
England and it was the idea
that the king as sovereign is
immune in the kings own
courts." ENGLAND GOT RID OF
THE LAW AND ALMOST EVERY
STATE PASSED AMENDMENTS TO
LIMIT IT. ARKANSAS REMAINS ONE
OF THREE STATES WITH THE MOST
RESTRICTIVE IMMUNITY LAWS. BUT
SILVERSTEIN SAYS HIS CRITICS
ARE CONCERNED ABOUT LAWSUITS.
((JOSH SILVERSTEIN//
ATTORNEY)) I think it is much
more important that we have
people suing when they have
valid claims, and take the
frivolous lawsuits, take the
bad with the good." WHILE HIS
AMENDMENT GOT SOME TRACTION IT
ULTIMATELY FAILED IN LAST
YEAR'S LEGISLATIVE SESSION.
FOR THE CROSS FAMILY THAT
MEANS THEY'RE TAKING A
BACKSEAT IN THE ARKANSAS COURT
SYSTEM. ((MATT CROSS//
HEATHER'S HUSBAND)) It opens
the door for the next person,
the next family to be dealing
with exactly what we're
dealing with." HEATHER NOW
DOES REHAB AT HOM FORCED TO
STOP GETTING TREATMENT THAT
HER DOCTORS RECOMMENDED ALL
BECAUSE MEDICARE WON'T PAY THE
BILLS. ((MATT CROSS//
HEATHER'S HUSBAND)) "We cannot
give her the medical care
that's necessary for her to
recover." AN IMPOSSIBLE
SITUATION THIS FAMILY WAS
THROWN ALL WITHOUT EVER
HEARING FROM THE OFFICER WHO
CAUSED THE CRASH AND IS NOW
PROTECTED BY HIS BADGE. ((MATT
AND HEATHER CROSS)) "What do
you want Padilla to know" Why
did he do this? "Why did he do
this?" I DID REACH OUT OUT TO
OFFICER PADILLA AND HIS
ATTORNEY BUT HAVEN'T HEARD
BACK. HEATHER JUST HAD ANOTER
SURGERY TO REPAIR SOME OF HER
INJURES. THE CROSSES TELL ME
THEY'RE GETTING READY TO FILE
FOR BANKRUPTCY SINCE THEY JUST
CAN'T AFFORD THESE MEDICAL
BILLS. BACK TO YOU.
((KEVIN)) WE REACHED OUT TO
THE SALINE COUNTY PROSECTIOR
ABOUT TWO WEEKS AGO. SINCE
ANOTHER VERSION OF THIS STORY