According to the Montgomery County District Attorney, the difference between ORDINARY Recklessness/Negligence and GROSS Recklessness/Negligence is the presence of a "Bad Mental State" and Son Quang Do didn't have that when he PLOWED into the back of Dayna's car and broke her neck.
What is a Bad Mental State Mr. D.A.?
Examples we received were: driving in excess of 100 mph, drag racing on the highway, backing down an on or off ramp. But NOT driving at 70 mph on the shoulder of the road.
The bottom line is that Mr. Do was CARELESS, STUPID, INATTENTIVE, SHOWED POOR JUDGEMENT, none of which are criminal acts.
Alcohol, we're told, was not a factor. The results of his Blood Alcohol Test was "ZERO". Hard to believe that absolutely NO ALCOHOL would show in his blood when he admitted to consuming "LESS THAN A BEER" (give me a break). Could it be that the blood wasn't drawn until 3 hours after the accident? Could it be that the blood transfusions he received tainted the results?
What was a factor was a NEGLIGIBLE curve in the road beginning about 500 feet from where Dayna's car was stopped. According to the First Assistant D.A., from Mr. Do's vantage point, that curve made it appear to him that Dayna was in a marked lane, not on the shoulder. DID HE NOT SEE HER FLASHING LIGHTS???????
The D.A. repeatedly assured us that he would love to be able to file criminal charges in this case but, because of the way the law is written, he wouldn't be able to make the charges stick. It's not enough to just kill someone with your car. You have to be found to have had malintent or to have had a SEVERE disregard for the possible consequences of your actions.
When we asked what we could do to change the laws we were told that we could go to the state legislature, who would be sympathetic, but that the fight would have to go all the way to the Supreme Court who interprets the law. We got the impression from the D.A. that it would never be changed.