Ricardo Freeman, the driver who struck former Navy Seal Timothy Holden from behind and killed him won't be charged with a crime in the incident. He was instead issued three traffic violations, the fines for which he has not paid resulting in a suspended license.
"We have decided the incident involving Ricardo Freeman did not rise to the level of criminal gross negligence. The evidence and investigation by the Montgomery County police has made the Office of the State's Attorney conclude that no criminal charges are warranted in this matter," said State's Attorney's Office spokesperson Ramon Korionoff. "It was a horrible, tragic accident that caused a fatality and our thoughts and sympathy go out to the victim's loved ones."
I'm not 100% on the "crash instead of accident" bandwagon, but in this case I find it poor language. Yes, it was an accident (in that it was not intentional) but that does not mean it was not a crime. In fact, according to the state it was negligent driving. "It was a horrible result of negligent driving that caused a fatality and our thoughts and sympathy go out to the victim's loved ones."
Officials with knowledge of the incident said Freeman was on his way to a nearby construction site for work when he mistakenly swerved into Holden, who was riding on the shoulder of the road. A toxicology screening revealed there were no drugs or alcohol in Freeman's system at the time of the accident.
police on the scene issued Freeman three traffic violations: failure of vehicle driver to avoid collision with a bike operated by a person, failure of vehicle driver to pass safely at a distance of at least 3 feet when passing a bicycle and negligent driving.
Each violation carries fines ranging from $80 to $290. The failure to pass safely at a distance of at least 3 feet and negligent driving violations includes one point each on a driver’s license.
According to the state’s court database, Freeman’s driving license was suspended Friday because he failed to comply with the actions required by any of the three violations.
In Maryland, a failure-to-comply license suspension happens when a driver who gets a traffic ticket doesn’t pay the fine or appear in District Court to contest it within the required amount of time.
The total fine is $690, which is less than what John Philip Kline ($750) had to pay when he killed Andrew Malizio, but more than what Heather Simmons paid ($400) for killing Diane Whitman. If you aren't drunk, speeding excessively or running a red light and you stay on the scene, that's about what you can expect.