Wednesday, September 17, 2014

DA Geoffrey Rushlau Refuses to Prosecute Fatal Crash, Protects Commissioner

http://archive.bangordailynews.com/2003/01/08/no-charges-in-fatal-stockton-springs-crash/

No charges in fatal Stockton Springs crash

This story was published on Jan. 08, 2003 on Page B2 in edition 2 of the Bangor Daily News
BELFAST – The district attorney said Tuesday there are no grounds for bringing charges against Waldo County Commissioner John Hyk for a traffic accident that killed a Stockton Springs woman last July.
District Attorney Geoffrey Rushlau made his finding after reviewing state police reports from the investigating officer and the results of toxicology tests taken after the crash.
“Based on the review, there does not appear to be a basis for criminal prosecution of the surviving driver, Mr. Hyk, for the offense. Neither driver had consumed alcohol and alcohol was not a factor in the collision,” Rushlau said in a statement.
The accident occurred about 1:30 p.m. July 26 at the intersection of Muskrat Road and U.S. Route 1 in Stockton Springs.
Amanda Mailloux, 19, of Stockton Springs was killed when the 1995 Ford Probe she was driving was struck broadside by a 1999 Dodge pickup truck driven by Hyk, 55, of Prospect.
Hyk was traveling north on Route 1 on a downhill grade that passes beneath a railroad overpass. Mailloux had stopped at a stop sign on Muskrat Road, then entered the highway from Hyk’s right when the two vehicles collided. When Hyk attempted to stop, his brakes locked and he was unable to avoid the car. He told a witness that Mailloux was looking directly at him when the vehicles hit.
“It appears the collision occurred primarily because Ms. Mailloux failed to yield to Mr. Hyk’s vehicle upon entering Route 1,” Rushlau said.
Mailloux was dead at the scene. Hyk suffered facial cuts and bruises and treated briefly at a hospital.
Because Hyk’s role as a Waldo County commissioner posed a potential conflict of interest for the county District Attorney’s Office, Rushlau noted that he intended to refer his report to Attorney General Steven Rowe for additional review.
The attorney general’s final determination will be “absolutely independent” of any district attorney’s decision and should be completed within a few weeks, Rushlau said.
“The district attorney will request as prompt a review as possible for the benefit of Ms. Mailloux’s family as well as Mr. Hyk,” Rushlau said.
Contacted Tuesday, Hyk said he had not seen Rushlau’s report and could not comment because the matter remains under investigation.
Rushlau described the state police investigation at “comprehensive and completed within a reasonable time.” He said his office’s review of the case was delayed because of the need to wait for the results of the toxicology tests.

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