Dewayne Herrin, the driver who fatally struck Jacob Nickodem’s bicycle April 22, will likely not be charged with a felony in the incident, according to the Georgia State Patrol.
Though the investigation into the accident is continuing, Brunswick Post Commander Sgt. 1st Class Chad Gray said Wednesday that no evidence has surfaced so far that would result in felony charges.
“At this point, it doesn’t seem like there’s anything to cause this case to rise to a felony prosecution,” Gray said. “It will probably be a misdemeanor vehicular homicide.”
He said that, unless the evidence shows that Herrin was under the influence or reckless, the charge would be a misdemeanor.
“And there is, so far, no indication that he was under the influence or reckless,” Gray said.
He explained that the GSP Specialized Collision Reconstruction Team (SCRT) investigation is incomplete and that it usually takes a fairly long time to finish such an investigation.
He also noted that Herrin voluntarily surrendered his mobile phone and that the Georgia Bureau of Investigation is checking the phone for evidence.
Herrin allegedly struck the bicycle from behind as Nickodem, an experienced bike rider, was traveling north on Joey Williamson Road near Wayne County High.
Gray said that the final determination of the charges would come from the solicitor general or the District Attorney’s Office after the results of the investigation are turned over to them.
Gray said that the misdemeanor charges would have a maximum of a one-year sentence and a $1,000 fine. He also noted that, in his years with the State Patrol, he had never seen anyone go to prison on a misdemeanor vehicular homicide charge.
The SCRT investigates fatal crashes. Specially trained investigators document evidence in collisions to be used for successful court prosecution, according to the GSP.