Authorities, Not Charge Felony? (edited title)
@JerseyGirl. sbm Thx for your post w link saying investigation did not find evd for felony charges - vehicular homicide or manslaughter.* I see the difficulty/impossibility(?) proving VehHomicide** w no LE field sobriety tests, no breathalyzer, no timely blood tests. SD's statute for VH requires drug or alcohol influenced driver.
But why not
Manslaughter in Second Degree
(aka InvolHomicide)? where "the act was carried out
recklessly and resulted in another person's death... a reckless act where the person knew or should have known that the action would likely cause harm."
** bbm
Per link authorities
1. found Ravnsborg drove outside his lane pre-crash
(but not why or how long)
2. could not determine if he knew he was outside it.
Is driving outside lane, in and of itself, a reckless act? If driver did
not know he was driving outside his lane, suggests imo he was
driving recklessly. my2ct
_____________________________________
* "Beadle County State's Attorney Michael Moore, who assisted with the investigation, said
investigators weren't able to determine why or how long Ravnsborg had been driving outside of his lane leading up to the crash or whether he had been aware he was outside of it...
prosecutors didn't find evidence to warrant felony charges of vehicular homicide or manslaughter..." From Widow of man killed in South Dakota AG crash plans to sue
** VH.
South Dakota Legislature
***
Manslaughter in second degree = Class 4 felony, up to 10 yr prison, up to $ 20,000 fine, per South Dakota Involuntary Manslaughter Law - FindLaw.com or South Dakota Legislature