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– Oceana County Sheriff’s Office photo
‘All activities come with risks. By participating in or spectating at events, certain risks are assumed.’
By Allison Scarbrough, News Editor
HART — Oceana County Prosecuting Attorney Joseph Bizon announced Friday, June 28, that no criminal charges will be filed against the 64-year-old man who was driving the Jeep CJ that veered out of control while racing at the Silver Lake Sand Dunes drag strip, killing a 33-year-old mother May 26.
Kadie L. Price was hit while she and her family were outside their vehicle watching the action at the drag strip. Price likely saved her 2-year-old daughter’s life moments before her death. “Just prior to her being struck, she was able to push her 2-year-old daughter out of harm’s way, very likely saving her daughter from serious injury or worse,” said Sheriff Oceana County Sheriff Craig Mast.
While they were watching the action, a Jeep CJ was racing northbound on the drag strip. “As the Jeep accelerated rapidly, it lost control.,” said the sheriff. “When the Jeep lost control, it veered off the drag strip towards where the Price family was watching. The Jeep struck the Price family vehicle, which then struck Kadie.”
Prosecutor Bizon issued the following statement regarding the decision to not pursue charges against the Jeep CJ driver, Charles Rifenberg:
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. I would further note that Deputy (Cam) Hanson was in regular contact with myself to ensure all necessary aspects of this investigation were satisfactorily answered.
The basic facts are that Charles Rifenberg was driving a Jeep CJ vehicle on the Silver Lake Sand Dunes in what is commonly known as the drag strip area, but is officially known as the test and tune designated area. While engaged in drag racing type activity, the Jeep CJ left the ‘track’ and struck Kadie Lynn Price. Bystanders, park personnel, and first responders attempted to render aid, but Kadie died as a result of 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 bystanders. 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
Due to the extremely high profile of this incident, some information has reached the public prior to this decision. Immediately after the crash, Charles Rifenberg indicated a belief that his throttle stuck. This belief was echoed immediately after the crash by the passenger in the vehicle. It is notable that an eye witness, Chase Petrak, also indicated to Deputy Hanson that this may have been a factor. Chase Petral notified Deputy Hanson that he is a mechanic, and it sounded as if the engine was revving and simultaneously it appeared the driver was attempting to brake.
During the investigation, the investigators examined the throttle cable. They did not detect a defect nor a snag. They were unable to replicate the throttle sticking.
Whether the throttle stuck in an open position is not relevant. A mechanical failure would not constitute a criminal act that would justify charges. Even if this is not what happened, it was a present sense impression of the driver, passenger and at least one observer. There does not appear to be any deception on this statement. Further as a mechanical accident would not be material, it just is not a factor in this determination.
DISTRACTED DRIVING
There is no evidence of any distracted driving.
SPEED
Unlike surface streets and highways, the Sliver Lake Sand Dunes ORV area does not have an established speed limit. There is a vague and unenforceable requirement to not operate at an unreasonable speed. When not on the Silver Lake Sand Dune ORV area, it is unlawful to drag race. MCL 257.626a (this does not apply to drag racing facilities). In 2019, the legislature passed and the Governor signed into law, an exception for the Silver Lake Sand Dunes “scramble area”. As participants are allowed to race, there is no speed limit.
Charles Rifenberg estimated his speed at about 60 mph. Witnesses estimate the speed as closer to or exceeding 80 mph.
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.
ALCOHOL/DRUGS NOT A FACTOR
Law enforcement appropriately requested and Charles Rifenberg complied with providing samples to be tested for the presence of drugs and/or alcohol. No drugs or alcohol were detected.
The investigators report does not reveal any suspicion of impaired driving.
VEHICLE MODIFICATIONS
The Silver Lake Sand Dunes recreation area is a popular attraction visited by 1.5 to 2.5 million people every year. This is a well known area for enthusiasts of this activity to bring and test their vehicles. The vehicles range from basic vehicles to highly modified vehicles designed for performance in that environment.
The Jeep CJ involved in this crash was such a vehicle. The vehicle had obvious modifications. The investigation consulted with more than one independent expert on the question of these modifications. Those mechanical experts reviewed the modifications and it was their opinion that the modifications were normal, appropriate and utilized quality parts appropriate for the purpose used.
Specifically, in question was the lack of front axle braking apparatus. It was the stated opinion of both mechanical experts that while such a set up would not be legal on a surface street or highway, this was common, appropriate and normal on an ORV or drag racing vehicle. Where, as is normal on ORV and racing vehicles, there is a difference in the wheel size in front and rear tires, having front brakes would be detrimental and more harmful. The specific brake setup for this vehicle was reviewed by a professional in the industry and was stated to be more than adequate for braking and safety needs.
No other modifications on the Jeep CJ present a safety risk. The modifications are not the reason for the crash and are not identifiable as being negligent or reckless.
It should be noted that I was notified by Sheriff Mast, that a person left an anonymous message that the Jeep CJ was equipped with a nitrous system. This is not confirmed by the investigation. Anonymous witnesses are a complex issue because they provide information that cannot be ignored. This is why I address it here. However, as stated above, this office needs admissible evidence to move forward. Anonymous witness statements are not admissible and generally unhelpful.
There is no evidence of a nitrous system. If such a system is on the vehicle, it could not be used on a surface street or highway, but would not be illegal in this venue. There is no evidence nitrous was used in the sequence of this crash. Even if it was used, there is no evidence it caused this crash. Even it is was used and caused this crash, due to the open rules at the dunes, this would not be a moving violation that could be used as the basis of a charge for moving violation causing death.
OTHER MOVING VIOLATIONS
As previously noted, the Silver Lake Sand Dunes ORV area is a unique environment unlike any other. Unlike surface streets and highways, there are no speed limits (other than a vague reasonable speed). There are no traffic lanes. Instead there is a general directional travel over the crests of the hills allowing travel in any direction except directly against the directional flow. The purpose and excitement of this area is to engage in driving that on a surface street or highway would be called exhibition driving. This allowed and encouraged.
In the area known as the scramble area, there is no directional requirement. In this area is an area groomed and designed for drag racing, also known as test and tune. Other than deliberate acts, there are basically no rules. Therefore, there cannot be a moving violation that could be the basis for a criminal charge of moving violation causing death.
CONCLUSION
All activities come with risks. By participating in or spectating at events, certain risks are assumed. Some activities come with more risks than others. Skydiving probably carries more risk than playing golf. But even ordinary everyday activities have some risk. Racing vehicles, and recreational ORV activities, carry these risks.
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.
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