The York County District Attorney will not file charges in connection with a traffic accident that killed a Buxton woman last December.
The family of Ethel Lewis learned Wednesday from York County District Attorney Mark Lawrence that there would be no criminal charges in connection with her death.
Lewis died after she was struck by a van outside her home on Long Plains Road in Buxton on Dec. 4.
“It’s tough, you don’t know how to respond to that,” the victim’s son, Alden Lewis, said following the meeting in Lawrence’s office.
Lawrence said the attorney general’s office reviewed the case at his request and concluded with the findings of his office that there was no evidence indicating criminal conduct. “I took the extra step of asking the attorney general’s office to review the case,” Lawrence said.
Lewis’ husband, Wilmot “Bill” Lewis and other family members had questioned why authorities had not charged the woman police said was the driver of the van, Lori L. Marston, 43, of 465 Long Plains Road, with a crime.
After suspending Marston’s driving privileges earlier this year, the state restored her license on May 17. An examiner determined after a hearing that Marston had not been reckless, negligent or incompetent, according to Robert O’Connell, director of the driver license services at the Bureau of Motor Vehicles.
Explaining an initial police press release that reported the accident was a hit-and-run, Lawrence said there was no evidence that the vehicle, which his office believed was responsible for the accident, had left the scene. Lawrence declined to name the driver of the vehicle involved in the accident.
Lawrence said several agencies, including the state police and the state vehicle autopsy lab, were involved in the investigation.
Alden Lewis said the family was told there was no evidence of criminal negligence found, but he said the family still feels there was negligence. “It would have to be addressed in civil court,” Alden Lewis said.
According to O’Connell, the hearing examiner who restored Marston’s license found that the accident resulted primarily from pedestrian error. The state said Lewis was wearing dark clothing and was in the travel lane at night.
O’Connell said the finding was based on testimony by Marston and former Buxton Police Officer Jason McClure, who investigated the accident, in addition to the accident report and other documents.
McClure is now a member of the Kennebunk Police Department. He didn’t return a call seeking comment this week.
Bill Lewis filed a lawsuit in April against Marston. Her lawyer, Roger Champagne, filed a response earlier this month, asserting in court documents that Marston did not flee the scene and was actually questioned by “Buxton officials” there.
Buxton Chief Jody Thomas didn’t respond to telephone messages left on Tuesday and Wednesday this week.
In the suit, Lewis is seeking damages and naming Marston and Farm Family Casualty Insurance Co. as defendants. The Farm Family Casualty Insurance Co. was named as a defendant because Ethel and Bill Lewis had uninsured motorist coverage with that company.
Lewis claimed in the suit that Marston was “careless and negligent” in the operation of her motor vehicle and left the scene of the accident without properly identifying herself as the driver.
In an interview this week, Champagne declined to elaborate on the response he had filed, saying he had not had enough time to investigate the matter fully. In court documents, he said Marston was “exercising due care at all times on or about Dec. 4.”
Champagne wouldn’t confirm Wednesday that Marston was the driver of the van that hit Lewis. In response to Lewis’ suit, which claims Marston was the driver, Champagne answered that “Marston is without knowledge or information sufficient to form a belief as to the truth” of the allegation, according to court documents.
Champagne said it’s early in the case and neither party has all the facts.
In the lawsuit, Lewis also claimed Marston was an uninsured motorist.
“Although Marston’s insurer has denied coverage pursuant to the policy claiming a lapse of coverage, Marston maintains that there was no such lapse or that it was waived,” Champagne said in court documents.
The state’s Bureau of Motor Vehicle believes Marston was not covered by insurance on the day of the accident, according to O’Connell.
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