SILVER LAKE, Mich. — Prosecutors announced Friday that they would not be issuing criminal charges in the deadly crash that killed West Michigan mother Kadie Lynn Price in May.
Price, who was 33, was watching drag races at the state park's drag strip on May 26 alongside her husband and children when a jeep veered off course and struck a vehicle, eventually she was hit.
Investigators say Price managed to push her 2-year-old daughter out of harm's way seconds before impact.
Friday, Oceana County Prosecutor Joseph J. Bizon announced that his office had reviewed the case prepared by investigators and decided not to issue charges against the man driving the vehicle.
"In order to charge a person with a criminal offense, there must be an identifiable crime established prior to the act and evidence to support a finding of probable cause to charge, but it must also be kept in mind that in order to achieve a conviction, there must be proof beyond a reasonable doubt," Bizon wrote in a statement.
"There is no evidence to support the proposition that this crash was anything other than accidental. There was no intent to strike the bystanders. Therefore, we are left with only the issues of negligence."
Investigators say they found no evidence of criminal negligence on behalf of the driver.
"There are very few instances where negligence is criminalized," the prosecutor wrote.
"In cases like this, there is a question if the driver committed a moving violation, and if so, is this moving violation the proximate cause of the death. All elements of the offense including the moving violation would need to be proven beyond a reasonable doubt."
The driver reportedly told investigators on scene of the crash that he believed his throttle had "stuck" prior to the crash.
Investigators looked into this possibility, but say they did not detect a any defects.
He added, "Whether the throttle stuck in an open position, is not relevant. A mechanical failure would not constitute a criminal act that would justify charges."
They also said there was no evidence the man was distracted while driving.
Investigators say the driver estimated his speed at the time of the crash at about 60mph Witnesses reportedly thought he was going closer to 80mph.
Because of a law signed in 2019, drag racing at high speeds is legal in the Silver Lake Sand Dunes so-called "scramble area".
Bizon said, "Based on the state of the law, this is not a moving violation and cannot be the basis for issuing charges for Moving Violation Causing Death."
No drugs or alcohol were found in the driver's system.
"The loss of life is always tragic; however, it is not always criminal," Bizon explained.
"This office is declining to issue criminal charges in this matter."
Follow FOX 17: Facebook - X (formerly Twitter) - Instagram - YouTube
