I was asked why this wasn’t an automatic vehicular homicide? On a felony there has to be criminal charges.
The fact that someone kills someone with a car is not enough!
The person needs to be either “speeding, texting, intoxicated, racing or prove to be distracted” . . .
Epperlein never hit the breaks so his speed had to be calculated by the distance that Pamela’s body traveled (130 feet). The police calculated that he was going between 42 & 53 mph. The speed limit was 45 and in order to consider it criminal he had to be doing 20 miles over the 45 mph limit. I contest that the light was red and the speed limit is 0.
Since they can not calculate that he was going over 65 mph they will not charge him with speeding.
The phone records show he was not on the phone (being reviewed again) and he was not racing another vehicle (allegedly).
There is no proof that he was intoxicated. They only conducted an eye exam. However, days later when the vehicle was searched there were 3 empty pill bottles, marijuana & paper found. The law states that when you are driving you are responsible for the contents within your wing span. But because it was not his car they will not charge him with possession (which would be criminal).
Even though in his own statement that he thought the light was green and he did not see 3 people (including a bicycle and a stroller) that is not enough to show he was distracted. There were other people that were stopped at that intersection at that time that were following the traffic signals and saw the pedestrians.
He was also driving someone else’s car that had a suspended license. Because of his numerous prior vehicle record he was required to have “SR22 Insurance” for hi-risk drivers.Because he did not have insurance his license was suspended. The County Attorney feels that in order to prosecute with a felony the license must have been “revoked” and that driving on a suspended license is not criminal.If you have had your license suspended, according to the law, you are only able to use that license for identification purposes because your license is not valid. This is our argument. If he did not have a valid license you can not drive legally, therefore he can be prosecuted under the statutes.
That is why I went to the State Attorney General to have them give us the explanation of what a Suspended License means. If it means you can not operate a vehicle, he can and should be charged with the felony.
I am asking anyone who feels they would like to voice their feelings about the non-action of the justice system to contact the County Attorney to reconsider filing charges, the State Attorney – To render a definition of a suspended license, and the Governor, just because I feel he needs to be made aware of this injustice.