Children of parents killed in car crash continue to wait - Fox 28: South Bend, Elkhart IN News, Weather, Sports

Children of parents killed in car crash continue to wait for charging decision


A family will continue to wait to see if charges will be filed in a fatal car accident from last August.

Husband and wife, Robert and Judith Hillers, along with Judith's cousin, Janis Cash, died when the car they were in was struck head-on by a mini-van

St. Joseph County Prosecutor's Office says Prosecutor Michael Dvorak met with investigators Wednesday to discuss the case.  Following the meeting, the Prosecutor's Office said in a written statement "Though Mr. Dvorak is encouraged about the evidence discussed today with the Commander of the FACT unit and the case law authority presented to him by his deputy prosecutor, a charging decision will not be made until prosecutors have received and read the reports from the supplemental investigation.

They say those reports could take three to four weeks to be completed.

The family reacted to news Wednesday that they'll have to wait even longer. "I woke up this morning thinking today would be the day," said daughter Beth Hillers. "Today would be the day we'd finally get some peace. Today would be the day we'll finally know what we have to face."

But now more than seven months after this accident that killed their parents and their aunt - seven months of waiting for word of charges against the driver - they learned they'll have to wait even longer. "To me, all it feels like is more waiting," said Beth. "More wondering. More hurting."

"It's not a decision either way," said daughter Jennifer Segner, "but it's proof that they're working toward a decision. So hopefully, we'll be able to find some peace and find some justice in the next three or four weeks."

We have little to go on as to what officials might decide because Prosecutor Michael Dvorak's office says he couldn't meet with us Wednesday to answer our questions. But surprisingly, his press release says it should be noted that neither 'negligent homicide' nor 'vehicular homicide' are a crime in Indiana, and for decades, "It's been public policy in the state ... that automobile accident deaths caused by negligence, even gross negligence, fall outside the realm of criminal prosecution."

There's still the possibility prosecutors could go with 'reckless homicide' in this case, but Dvorak points to case law that says, "Even if an accident happened because a driver's lack or attention or an error in judgment, that still doesn't support a reckless homicide charge."

"I don't think anything is gonna come of it," said daughter Kylie Segner. "I don't."

Kylie, who didn't get any sleep last night, said she sees a light at the end of the tunnel in the three or four week time frame. "So, I guess I will be waiting for that answer whether it's what we want or don't want," she said. "It honestly, it doesn't matter. I just want to know what is going to happen so I can move on from this. I want to move on from this."

The sisters expressed a real interest in rallying to change Indiana law in regard to negligent and vehicular homicide, but they said they have to get through this first.

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