NEW PHILADELPHIA The family of a 12-year-old boy killed in a traffic crash that occurred while he was riding his bicycle is outraged that no charges will be filed against the motorist who hit him.
In expressing that sentiment, John Morris, father of the late William Logan Morris, was reacting to a May 29 letter from New Philadelphia City Prosecutor Douglas Jackson informing him and his wife Jodie about the results of the investigation into the Dec. 14 crash.
"At this time, my office will not be pursuing charges ... from this accident as I do not believe the evidence would produce a successful prosecution," Jackson wrote. "Several factors were considered to reach this decision. First, lab testing confirmed (the driver) did not have any drugs or alcohol in his system. It was also confirmed that he was not using his phone when the collision occurred."
But John Morris said that he listened to the motorist's statements at the scene right after the crash, which occurred at 4:14 p.m. He said the pickup truck driver admitted he was reaching for this phone and when he looked up, the sun was in his eyes, and it was too late.
Morris disagree with the prosecutor's statement that a bicyclist is required to ride as close to the edge of the road as possible for the conditions of the road. He said the bicyclist is entitled to use the entire lane of travel between the edge and the center line.
Bicyclists are required to stay as close to the right edge of the road as possible, according to Sgt. Gary Wolfe of the New Philadelphia post of the State Highway Patrol, which investigated the crash.
Jackson said William Morris was not riding as close to the edge as possible.
John Morris said all the damage to the pickup truck was on the front passenger side — indicating the bike was at the side of the road when it was hit.
In addition, Morris said, Jackson's reference to the position of the bicycle seems to blame William for the crash — which is wrong to do because the deceased cannot defend himself.
"Finally, there appears to have been a distinct issue with sun glare at the time of the accident," Jackson wrote. "This sun glare would have obstructed (the driver's) view and was unavoidable for the moments immediately prior to the crash."
If the glare was affecting the motorist's ability to see the road ahead, he should have slowed down, John Morris said. For the same reason, he disagreed with the prosecutor's contention that the motorist was traveling at a speed reasonable for that section of Crooked Run Road.
The prosecutor offered his condolences in his letter to John and Jodie Morris.
He wrote that his office conducted several reviews of the matter, and reviewed the crash report and follow-up reviews with the State Highway Patrol troopers involved.
"The conclusion is that this was a terrible accident but not one that gives rise to criminal/traffic charges," Jackson wrote.
He said the family may be able to pursue a civil case with a private attorney.
The Times-Reporter is not naming the motorist, a 41-year-old man from the Uhrichsville area, because he was not charged.
Reach Nancy at 330-364-8402 or nancy.molnar@timesreporter.com.
On Twitter: @nmolnarTR