I-TEAM: A closer look at deadly 2023 crash involving Richmond County deputy

WAYNESBORO, Ga. (WRDW/WAGT) - The I-TEAM is following a deadly crash from almost a year ago involving Richmond County Deputy Ty Dailey and the Fager family.

The I-TEAM has been requesting the case file for weeks that holds key answers in the crash investigation.

As we have found, the family was sued, and the case was never investigated by Richmond County Internal Affairs.

The Fager family is still looking for an explanation almost a year after Jay Fager died in the crash.

Richmond County Deputy Ty Dailey’s speed was never disclosed on Georgia State Patrol’s crash report.

It’s left the family in a large financial hole.

PREVIOUS COVERAGE:

• DA forwards case on fatal crash involving Richmond County deputy
• DA investigates fatal crash involving Richmond County deputy
• 75-year-old killed in crash on Cohen Road in Burke County

Highway 25 in Burke County is used by thousands of drivers every day.

The chances Jay and Donna Fager would be traveling through Burke County are slim to none, according to their son Matt Fager.

Matt said Highway 25 was the route his parents decided to take on their way home to Columbia after a road trip. They wanted to avoid heavy traffic and possible accidents on I-95.

“They were driving home from Florida. They had been on a trip, I believe, on the Gulf Coast somewhere and were coming home, but taken a different route and were trying to go through Augusta, I believe, to come back,” said Matt.

In the blink of an eye, things changed. That’s the message the Fager family is now sharing.

It started with a call on that Sunday afternoon.

“You get a call like that and kind of flipped your world upside down. It’s a drastic change in the blink of an eye,” said Matt.

On March 26, 2023, Burke County deputies raced to the intersection of Highway 25 and Cohen Road.

Body cam footage: “Dispatch, 75-year-old patient is going to be unconscious at this time.”

It’s a two-vehicle accident involving Jay and Donna Fager, and Richmond County Deputy Ty Dailey.

Body cam footage: “He’s unconscious and he’s in bad shape.”

Burke County Sheriff’s Office: “What happened?”

Ty Dailey: “She pulled out in front of me.”

Burke County Sheriff’s Office: “Coming out of Cohen?”

Ty Dailey: “I was going South. She was coming North.”

According to Georgia State Patrol’s crash report, Fager’s vehicle was stopped at the stop sign on Cohen Road and the intersection of Highway 25.

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Jay didn’t yield after stopping at the stop sign and tried to cross in front of Dailey’s car.

The crash report says Fager’s Toyota Rav 4 hit the driver’s side of Dailey’s Dodge Charger.

There’s no indication of how fast Dailey was going in Georgia State Patrol’s initial report.

Body cam footage: “That’s Ty. He said they pulled out coming out of Cohen right in front of him.”

The Fagers are now wanting to know how fast Dailey was going when both cars collided.

“I was in public safety for 15 years. I was a paramedic, so I have seen this exact same wreck before. I mean, T-bones are one of the deadliest types of wrecks you can have. And firsthand knowing that that speed kills, that that is absolutely a factor in accidents,” said Matt.

Donna was severely injured and could barely move. She broke her pelvis and several ribs.

Jay took the brunt of the impact on his side of the car.

Body cam footage: “He’s either dead or he’s about to be.”

EMS pulled Jay out of the car and took him to the hospital where he later ed away.

“It was devastating,” said Matt.

Dailey says on body cam he was on his way to training in Brunswick.

A report done by the city of Augusta’s Risk Management Team shows the raw damage done to Dailey’s patrol car.

It even took deputies by surprise on the scene.

Body cam footage: “It flew out of his holster. It flew off his hip.”

Body cam footage: “He hit them so hard it knocked it out his holster. This was under the enger seat” .... “Good lord.”

Dailey’s crash report went before the city of Augusta’s Safety Review Committee.

He was found not at fault for the accident before Georgia State Patrol’s investigation was complete, and before District Attorney Jared Williams’ office was done reviewing the case.

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The District Attorney decided not to pursue criminal charges and ed it down to Burke County State Court Solicitor Matt Franklin on January 31.

A few weeks later, the Fager’s attorney told the I-TEAM the case was being closed and there would be no charges against Dailey.

On February 18, we sent an open records request asking for Dailey’s case file.

Franklin responded by saying, “Because there is a large amount of documents, it will take more than three days to send the records to you. We will send the documents to you after they are reviewed for redactions and compliance on our end.”

More than a week later, Franklin tells the I-TEAM that the case is now pending again, and we cannot get the case file.

Documents from the city of Augusta’s Risk Management Department show the Fagers paid the county nearly $20,000 for damaged property.

After the payouts to the county, Dailey sued the Fagers in a personal injury claim.

In a letter from her insurance company, Donna was told the deputy’s lawsuit would likely exceed what her insurance covered — $100,000.

“It’s been really difficult. Mom had to sell her house. She, of course, was in the ICU for three weeks, rehab for another three weeks after that. So, she moved into a senior living community,” said Matt. “Life has turned upside down.”

We looked at Dailey’s history with the Richmond County Sheriff’s Office.

Back in 2013, he was disciplined for his second at-fault accident within six weeks of each other. Both accidents were caused by his speed.

The sheriff’s office confirmed Dailey was back at work before any investigation was complete.

There was also no internal affairs investigation completed into Dailey’s crash.

The Fagers are left with questions almost a year after the accident that took a father, husband, and grandfather too soon.

“We had to explain death and dying to a 4-year-old. Our daughter’s 4. Having that conversation is something that I never expected to have to do this early in life,” said Matt.

Again, the District Attorney’s Office reviewed the case and decided not to pursue any charges.

The case is still pending today in the State Court Solicitor’s Office, where misdemeanors are handled.

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