An Indiana couple was killed by an alleged drunk driver, and the couple’s family is suing the local police department for the incident.

According to People.com, the family says police spoke to the suspected drunk driver only 90 minutes before the fatal accident, and that they allowed him to drive even though a witness says he smelled like alcohol.

From People: On Oct. 6, Donald and Angela Kaczmarek were killed after Tron Gorbonosenko allegedly drove his Ford Mustang into the couple’s car, instantly killing them, according to the South Bend Tribune. 

The report continues: Now, the couple’s family alleges in the claim that about 90 minutes before the crash, La Porte police responded to a 911 call regarding Gorbonosenko’s driving and had the opportunity to impound his car.

According to the claim, the officers failed to perform their duties because they knew Gorbonosenko, who works for La Porte County.

According to an eyewitness, while driving, Gorbonosenko allegedly missed his turn and drove up onto a sidewalk before turning into a nearby parking lot, where he struck a parked car so hard it moved. When Gorbonosenko put his car into reverse, he allegedly hit a telephone pole.

The report notes that the eyewitness knew Gorbonosenko and that he could smell alcohol on Gorbonosenko’s breath, prompting the witness to call the police.

La Porte police registered a report from that night which confirms that Gorbonosenko’s vehicle was involved in multiple collisions and that three police officers responded to the scene.

Gorbonosenko has been charged with two felony counts of operating a motor vehicle with an alcohol concentration equivalent of more than 0.15 percent. He’s also been charged with two Level 5 felony counts of reckless homicide.

According to the witness, La Porte police officers did not perform any sobriety tests, and the officers let him drive away.

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