The mother of a 29-year-old man who was hit and killed while walking to a corner store in Cookeville last year is outraged over the district attorney's decision to not prosecute the driver responsible. A decision that the Putnam County District attorney though is standing by.
On May 23, 2016 Jason Rice was walking on North Dixie Avenue in Cookeville when he was hit from behind by a Suzuki SUV being drive by Emanuel Robinson. Robinson initially fled the scene after hitting Rice so hard it shattered the windshield of the car.
The 29-year-old was pronounced dead at the hospital a short time later.
Robinson eventually returned to the scene where he was charged with driving without a license. Police say he admitted to drinking alcohol before the crash but tests later showed his BAC was .03, well below the legal limit.
Jason's mother though doesn't understand why the man who killed her son hasn't been charged.
"He just left him to die in the road, not one once of humanity was in him. He (Robinson) knew he was probably dead and he didn’t stop to even help my son," Rosemarie Moore said on Monday, more than seven months after the accident that killed her only child.
Putnam County District Attorney though says there is not enough evidence to prove that Emanuel Robinson was driving recklessly and therefore decided not to bring the case to a grand jury.
"It's a sad situation," District Attorney Bryant Dunaway said.
"But the driver's BAC was at .03 so there's not proof of intoxication or recklessness. There's no crime that can be prosecuted here," he added.
For Jason's mother though simply getting the case before a grand jury would be enough to ease at least some of her pain.
"I want it just to be seen by a grand jury, that’s all I’m asking"