Mishawaka mother wants answers over charges filed against children's killer - Fox 28: South Bend, Elkhart IN News, Weather, Sports

Mishawaka mother wants answers over charges filed against children's killer


During Wednesday night's memorial, Shelly Aston told us the legal system failed her.  On Friday, a grand jury indicted the driver of the car that hit Aston's daughters.  But 56-year-old Leroy Hoover was charged only with a misdemeanor for driving under the influence of marijuana.  The lack of more serious charges has angered Aston and others in the community.   FOX 28 spoke with lawyer Dan Pfeifer, who says the public has no idea what happened behind closed doors during the secretive grand jury proceedings.  But for Aston, that's not good enough.

"I feel like a failure as a mother and the justice system failed them again. It's very unfair.  I have no faith in the justice system," said Aston.

"What the public doesn't know for example in a verdict is everything that was presented to a jury that results in a jury turning a verdict,"  said Attorney Dan Pfeifer.

Pfeifer says that unlike alcohol, marijuana can remain in someone's system for up to 30 days.  That's why police are unsure if Hoover was high at the time of the accident.  Pfeifer also says that Aston can file a civil lawsuit against Hoover, who is due back in court October 1st.

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