Whitney Decesaris, the driver who struck and killed cyclist and Anne Arundel County Schools cross country coach Trish Cunningham, is seeking to have the modest traffic charges against her dropped. In November, a grand jury determined that there was no probable cause to charge Decasaris with criminally negligent manslaughter, and decided that she should pay up to $2,000 in traffic fines. Decesaris is disputing that.
According to information on file with the Maryland judicial system, Whitney Anne Decesaris, 38 of Huntingtown, was charged earlier this month with negligent driving of a vehicle in a careless and imprudent manner, endangering property, life and person; failure to use care to avoid a collision with a bike operated by a person, failure to control vehicle speed on a highway to avoid a collision, and driving to the left of the roadway center in overtaking and passing when unsafe.
Her trial, originally scheduled for February, has been postponed a couple of times since November and I'm not sure when it is shceduled for now.
The family has started a petition to ask Decesaris' lawyer, Richard A. Simmons, to drop the case. I won't be signing the petition, because I'm not comfortable pushing a lawyer to deny their client the right to a vigourous defense. People have a right to pursue justice in the courtroom, and if she thinks she's innocent that's her right. Where I stand, it looks like she got off extremely lightly and should just walk away, but I'm not (nor should I be) the judge in this case.
Simmons is running for Maryland State Attorney this fall and to the extent that you think this case reflects on his worthines of your vote, that's something to consider. I've voted for someone who defended the worst kind of murders and I think John Adams defense of the soldiers accussed for the Boston Massacre was a sign of great courage and conviction, so I'm not willing to dismiss the guy for this.