NEW PLYMOUTH, Idaho -- The family of a New Plymouth man who died Tuesday night in an accident with a Payette County Sheriff's patrol car says the deputy's negligence is the reason their father is dead.

The accident happened around 5:38 p.m. on Highway 30 about one mile west of New Plymouth.

Idaho State Police investigators say Deputy Scott Sloan was eastbound and responding to a 911 call of an intruder in a residence in New Plymouth. He had his lights and sirens on and was attempting to pass a Jeep CJ7 driven by 65-year-old Barry Johnson of New Plymouth. Johnson turned left in front of the deputy and was struck on the driver s side door. He was not wearing a seatbelt and was ejected from the Jeep. He was pronounced dead at the scene.

The accident happened right in front of Johnson s home.

After NewsChannel 7 aired video of the crash during the News at Ten Tuesday we got a call from a family in Emmett. They told us that they were driving on Highway 30 when the deputy pulled up behind them and turned on his emergency lights and sirens.

Fourteen-year-old Jake Kimball explains what happened when his mom was behind the wheel.

He didn't give us any notice, it was just boom, there, then made us swerve. It was as if he owned the road, said Kimball.

That was one story.

Family members of Barry Johnson told us that they have heard from other people who say the deputy was driving too fast and not being cautious of other drivers.

Johnson's daughter Jackie Raymond says it's the Sloan's fault her dad isn't alive.

My dad died on impact and his Jeep was pushed, I don't know how many feet, and my dad bled to death, said Raymond. He was already dead, but he bled over there, all because of the negligence of this officer.

Idaho State Police say there investigation is in the early stages and they are still gathering information and talking with witnesses.

A trooper told us they will reconstruct the accident scene, but it is just too early to speculate on the crash until he has all of the information in front of him.

If the deputy was driving in an unsafe manner, police investigators say they want to hear about it and will take that into consideration.

We contacted the Payette County sheriff today but since it was their deputy who was involved, he can't comment or even gather information on this case due to a conflict of interest.

A spokesperson the Ada County Sheriff s Office told us there is no specific rule or limit to how fast officers or deputies can drive in an emergency situation. They just need to use their best judgment and drive what is safe for the conditions.

Idaho State Police tells us it could take several weeks for them to wrap up this investigation.

Barry Johnson's family says they already have hired an attorney and plan to file charges against the deputy. They say they want him to be held accountable for his actions.

Sloan was hurt in the crash and was taken to an Ontario hospital where he was treated and released.

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