Actually...
The deputy "chose" to text with his wife via his personal cell phone while driving.
The deputy "chose" to converse with a fellow deputy using the department's internal instant messaging system to read "U C4 BRO" (You Free, Bro?) and respond "YES I" at the time that he was exceeding the posted speed limit on a road with poor visibility and a curve ahead.
The deputy "chose" to tell the investigating officer that Mr. Olin intentionally swerved into his patrol vehicle and that he was in fact operating his vehicle safely.
The deputy "chose" to tell the investigating officer that he was not using his MDC at the time of the accident.
The deputy "chose" to tell the investigating officer that he was not utilizing his personal cell phone to converse with his wife at the time of the incident.
These things all came out afterwards through analysis of the vehicle's GPS, his phone records, and the MDC itself, and said data corroborated witness statements.
Here is a copy of the
Police Report.