INDIANAPOLIS - Prosecutors will not file criminal charges against the driver in the ambulance crash that killed two Indianapolis EMTs.
Cody Medley, 22, of Indianapolis, and Tim McCormick, 24, of Greenwood, were fatally injured in the Feb. 16 crash at St. Clair Street and Senate Avenue involving their ambulance and another vehicle.
The driver of the other vehicle, Jade Hammer, 21, survived the crash.
Investigators said the speed of Hammer's vehicle was in the range of 35 to 40 mph and the ambulance’s speed was in the range of 45 to 50 mph in a 30 mph zone.
The traffic light at the intersection was flashing yellow for the ambulance and red for Hammer's car, and police said Hammer did not fully stop. However, the Indiana Supreme Court in 2009 held that failure to stop at a red light due to error of judgment does not constitute recklessness as a matter of law.
"Clearly, that does not rise to the level of criminal recklessness under Indiana law. The Supreme Court has specifically ruled on that," Marion County Prosecutor Terry Curry said.
Hammer also told police said she had consumed one and a half drinks before the crash, but her blood-alcohol content was found to be 0.038, which is below the threshold legal limit of 0.08, police said. A separate toxicology screen found no evidence of other substances in Hammer’s blood.
Curry said his office determined that the evidence does not warrant criminal charges against Hammer.
"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."
Medley's mother, Stacy Weldishofer, told RTV6 she accepts Curry's decision.
"I think it's just a tragic accident," Weldishofer said. "I'm confident that the prosecutor's office knows what they're doing. I respect their authority. I respect the job they have to do, and that's not my call."
Weldishofer said she never blamed Hammer for the accident.
"This girl didn't do anything personally against Cody or Timmy. She didn't do anything personally against me," Weldishofer said. "What she's going to have to live with, I feel sorry for that."
The Indianapolis EMS released a statement following the prosecutor's decision.
"Indianapolis EMS thanks Marion County Prosecutor Terry Curry and his office and the entire FACT team for the diligence, compassion and professionalism they consistently demonstrated throughout their investigation," the statement read. "Their efforts serve to bring closure to this tragic chapter in our history and our personal lives. Our thoughts and prayers go out to not only the families and loved ones of our beloved Tim and Cody, but also to Jade Hammer and her family."
Hammer will be ticketed for running the red light.
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