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A “ghost bike” memorial placed at the crash scene in memory of Kari Rose Miller.
‘The loss of life is always tragic; however, it is not always criminal.’
HART — No criminal charges will be filed against the SUV driver who hit two teenage bicyclists, killing one of them, on Skeels Road in Greenwood Township last January, said Oceana County Prosecuting Attorney Joseph Bizon.
Kari Rose Miller, 16, was killed, and her 17-year-old brother was seriously injured after being hit by a 2013 Jeep Grand Cherokee driven by 35-year-old Edna Comer. The crash occurred in an Amish community near Fremont and the southern Oceana County line.
Prosecutor Bizon released the following statement Wednesday, June 25, 2024:
After review of this matter this office is declining to issue criminal charges. When receiving a report for review, the prosecutor has three options: charging a criminal offense; declining criminal charges; or if necessary and appropriate, returning for further investigation. After review, I find the report to be thorough and complete, and do not identify any issues that need further investigation.
The basic facts are that Edna Comer was driving a vehicle westbound on Skeels Road when her vehicle struck two bicycles also riding westbound on Skeels Road. The teenage boy riding closer to the shoulder of the road was injured, the teenage girl riding further from the shoulder was killed. A vehicle traveling eastbound passed the bicycles and other car just before the crash.
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. It is not ethically nor legally permissible to start from the presumption that a person did something wrong, and now we must find a crime to charge. As a prosecutor, I must have a good faith belief the evidence supports the offense charged.
There is no evidence to support the proposition that this crash was anything other than accidental. There was no intent to strike the bicycles. Therefore, we are left with only the issues of negligence. There are very few instances where negligence is criminalized. 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.
IRRELEVANT BUT NOTABLE
The incident report indicates that Ms. Comer mentions a cat in the road and claims she needed to use the other lane to avoid the cat. The witnesses in the
other car deny the existence of the cat. In reality this does not appear to matter. Whether a cat was present or not, or if the cat was another animal, there does not appear to be any improper use of lanes, nor that this was the proximate cause of the crash. The crash, by best available estimations occurred fully within the lawful lane of travel. The issue of the cat is just not relevant.
DISTRACTED DRIVING
Investigators explored the common issue of distracted driving. The self-report of Ms. Comer denies being on her phone at the time of the crash. Examination of Ms. Comer’s phone supports the assertion that she was not using her phone while driving. There is no evidence of phone calls, texting, or other use of the
phone around the time of the crash.
SPEED
The speed limit at the portion of the road where the crash occurred is 55 mph. Ms. Comer stated her speed was probably 56 mph. The Michigan State Police accident reconstructionist uses known scientific and mathematical applications to calculate an estimate of speed. This officer is an expert in these investigations and evaluates dozens of these crashes every year, and hundreds over their career.
The estimates provided by this expert are consistent with Ms. Comer’s statement with all but one calculation giving a top end estimate of 51 mph or less. There is one outlier with an estimate of up to 62 mph.
Based on the known evidence, it cannot be proven beyond a reasonable doubt that speed was a factor or caused this crash.
ALCOHOL/DRUGS NOT A FACTOR
Law enforcement appropriately requested and Ms. Comer complied with providing samples to be tested for the presence of drugs and/or alcohol. No alcohol was detected. Testing did discover the presence of Delta-9 THC.
Approximately 10 years ago, the state of the law would state that as a schedule 1 controlled substance the presence alone of marijuana would be a violation. However, in the last 10 years, advocates for medical and recreational marijuana have successfully lobbied the electorate and the voters, the People of the State of Michigan have changed the law.
Today, the mere presence of marijuana regardless of quantity will not be per se illegal. The government must demonstrate that the consumption of an item with THC caused the person to not be able to operate a motor vehicle in a normal manner. People v Koon,494 Mich 1, 832 NW2nd 724 (2013); People v Dupre, 335 Mich App 126, 966 NW2d 200 (2020); Michigan Model Jury Instructions 15.1, 15.2, 15.3, 15.5.
Factors that might be considered: a physical appearance that appears inebriated or high; the inability to drive in a normal manner, such as inability to maintain lane usage or speed control, other factors that clearly indicate the affects of drugs or alcohol.
The investigating officer did not observe any physical signs of intoxication and did not believe drugs or alcohol were a factor. This is among the best evidence a
Amish buggies trot down Skeels Road in the vicinity of the crash scene.
prosecutor has to evaluate this question. The crash occurred all within the lane, so there is no indication of swerving or lack of control, and the speed indicators suggest a normal usage of that road under those conditions.
RECKLESS DRIVING
With no other identifiable moving violation we are left to consider reckless driving. A driver is “reckless” when they operate a motor vehicle in willful or wanton disregard for the safety of persons or property. In other words that they operate in a manner outside what a normal, reasonable person would do in the same or similar situation.
CONTRIBUTING FACTORS
The bicyclists were riding at night with dark clothing. This would have rendered them more difficult to see than if wearing the recommended bright or reflective clothing. The bicycle of the girl reportedly had a rear facing flasher and the bicycle of the boy reportedly did not. The vehicle traveling eastbound passing the bicycles was able to see the bicycles, but it is unknown if they were readily visible from the rear.
CONCLUSION
There exists no admissible evidence of a motor vehicle moving violation. No such violation can be proven by probable cause, let alone beyond a reasonable doubt. Therefore, there is no crime with which to charge the driver of the vehicle.
The loss of life is always tragic; however, it is not always criminal. This office is declining to issue criminal charges in this matter.
*It should also be noted that vehicular manslaughter was repealed in 2010, said Bizon, and was replaced with the separate offenses of moving violation causing injury or moving violation causing death. “This contemplates the negligence anticipated for the previous charge into consideration for the current existing charge. This is exactly the charge that was reviewed, and the evidence does not support that charge.”
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