Trooper faces 10 million dollar lawsuit

Kyle Anito's family speaks out

Knoxville, Tenn. (WVLT) -- The video, shot last November from Trooper Van Morgan's dash cam, shows a shocking discovery.

"Well it's frustrating there's no criminal statue that's been broken there was a moral law broken and again we weren't asking for a heroric response just appropriate response from our public servants. While frustrating I understand it and so what's left for us, what action is left for us to do?" said Kyle's father, Tim Anito.

"We're on Emory Road heading towards Maynardville Highway," Van Morgan dispatched over his radio.

In the video, you can see him driving down the street, he turns around to follow what is said to be Kyle Anito's vehicle.

"He's doing 80 in a 40," said Van Morgan.

The pursuit doesn't last long, it ends with Anito crashing into a tree.

As we Local 8 News slowed the video down, you can see Van Morgan drive right by the vehicle, with Anito inside.

"I'm gonna terminate it," said Van Morgan. He then pulls up the road and pauses for several minutes, listening to dispatchers over his radio. He hears information about the accident, then pulls off and shows up to the scene, but by then the car is on fire.

"Go ahead and 05 the Fire Department, the vehicle is on fire," said Van Morgan.

Van Morgan quickly jumps out and runs toward the scene, but apparently it was just for show.

Local 8 News got a memo from the Tennessee Highway Patrol in Knoxville that stated Van Morgan said: "I got out and got my fire extinguisher just to make it look good ... I knew he was dead but you, you got to do that for the media and everyone else."

The report also states he called his wife looking for the number of an attorney from the Police Benevolent Association. A number he attempts to call once before heading back to the crash scene.

The report also states an autopsy was done showing Anito died instantly in the crash.

This isn't the first time that Van Morgan has been involved in a deadly chase. According to THP records, since joining the agency in 2002, he has a long list of disciplinary actions.

July 2, 2004 – Shooting Incident (2-Day Suspension w/o Pay)
December 18, 2008 – Violation of General Orders (No Action Taken)
May 12, 2009 – Unbecoming Conduct (No Action Taken)
June 3, 2009 – Unprofessional Conduct (No Action Taken)
June 19, 2009 – Violation of General Orders (No Action Taken)
August 5, 2009 – Violation of General Orders (No Action Taken)
January 26, 2010 – Improper Procedures (Oral Warning)
February 5, 2010 – Violation of General Orders (No Action Taken)
March 23, 2010 – Violation of General Orders (No Action Taken)
July 29, 2010 – Violation of General Orders (No Action Taken)
January 11, 2011 – Violation of General Orders (No Action Taken)
May 3, 2011 – Unprofessional Conduct (No Action Taken)
November 30, 2011 – Neglect of Duty (Pending)
January 6, 2012 – Violation of General Orders (Pending)

Wes Helton and Zac Jones, both friends of Kyle Anito, said they wanted to make sure everyone knows, "He was a very carefree person, he got along with everyone and touched more lives than he even realized. He was strong in his faith and love for God, and he knew how to be there for a friend in need."

No criminal charges will be filed against Trooper Van Morgan.