The Marion County (IN) prosecutor’s office announced today that prosecutors have completed a review of the evidence from the vehicle accident that occurred in downtown Indianapolis on February 16. Two Indianapolis Emergency Medical Services paramedics traveling in an ambulance were killed in the crash. After investigation, Marion County Prosecutor Terry Curry stated his office has concluded that the evidence does not warrant criminal charges against the driver of the other vehicle, Jade Hammer, who survived the crash.
“This was clearly a tragic accident, and we again extend our sympathies to the families and friends of Cody Medley and Tim McCormick,” Curry said. “However, we do not believe that the circumstances of the accident rise to the level of a crime.”
Prosecutor Curry said the decision not to file criminal charges was based on several considerations after review of all evidence gathered from the crash investigation, including absence of impairment of the surviving driver and the speed of the vehicles. The investigation found that Hammer admitted to consuming alcohol before the crash, and her blood alcohol level was subsequently determined to be .038, clearly below the threshold legal limit of .08. A separate toxicology screen found no evidence of other substances in Hammer’s blood. Crash reconstruction analysis determined the speed of the vehicle driven by Hammer was in the range of 35 to 40 miles per hour (mph) and the ambulance’s speed was in the range of 45 to 50 mph. The paramedics were not on an emergency run, but instead were returning from a completed run. Both vehicles were traveling on downtown streets where the posted speed limit is 30 mph.
While Hammer did fail to stop for a flashing red light at the intersection where the crash occurred, such traffic violation does not rise to the level of criminal recklessness. Failure to obey a traffic signal device is a Class C infraction. By Indiana law, criminal recklessness requires “conduct in plain, conscious, and unjustifiable disregard of harm that might result and the disregard involves a substantial deviation from acceptable standards of conduct.” In construing such law, the Indiana Supreme Court has held proof that an accident arose out of the lack of attention of the driver of a vehicle or from an error of judgment on his or her part will not support a charge of reckless homicide. As recently as 2009, the Indiana Supreme Court held that failure to stop at a red light due to inadvertence or an error of judgment, without more, does not constitute recklessness as a matter of law.
No Charges in Indianapolis Crash That Killed Two Medics
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