NEWCASTLE – An elderly Danish woman who was blamed for last summer’s crash that killed two people at a roadside stand off U.S. 1 in Newcastle will not face prosecution.
District Attorney Geoffrey Rushlau said Edith Beyer, 87, of Copenhagen is responsible for the deaths, but her responsibility does not rise to the level of criminal misconduct.
Rushlau, who met with the families of the victims before announcing his decision Monday, agreed to write to Danish authorities asking that they consider revoking Beyer’s license to drive.
“While [the victims’ families] remain deeply affected by this horrible event, they appear to understand and accept the decision,” the prosecutor said.
Beyer could have faced a manslaughter charge, or a lesser charge of driving to endanger, for the Aug. 28 crash that took the lives of Erlon Bailey, 61, the operator of the vegetable stand, and a customer, Ian Graham, 59, both of Wiscasset.
Investigators said Beyer’s rental car left the highway near the Sherman Lake rest area, entered a ditch and traveled 300 feet before striking a culvert where Bailey had set up the stand. The car became partially airborne, striking the two men.
Witnesses said Beyer swerved into the ditch to avoid a stopped line of traffic, but she never hit her brakes. A state police reconstruction team determined that she drove in a straight line for about 300 feet before hitting the culvert.
Beyer told authorities she did not remember what happened just before the crash. Excessive speed, alcohol and erratic driving were ruled out as contributing factors.
“It just did not appear to be the kind of conduct suitable for prosecution,” said Rushlau. “But it’s still not clear why she did what she did.”
The accident has given rise to an effort to force roadside vendors to operate farther away from highways.
Rep. Peter L. Rines, D-Wiscasset, filed legislation this fall that would have made it illegal for a vendor to set up a cart closer than 25 feet to a paved roadway in areas where the speed limit was 45 mph or higher.
Rines said the Legislative Council, which has the authority to reject or accept bills for consideration by the Legislature, rejected his proposal. He may reintroduce similar legislation next fall.
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