DEKALB COUNTY, Ga. — The family of a father killed in a wrong way crash along I-285 believes the bond of the accused driver is too low.
Channel 2′s Tom Jones spoke with the family of the deceased. The family has many unanswered questions about the accident that claimed the life of Kevin Fitzpatrick, 31, in April.
The family is questioning how the accused driver was able to travel nearly a mile in the wrong direction before the head on collision.
This question along with others may have to wait because a preliminary hearing has not been scheduled.
Fitzpatrick’s family still can’t believe he is gone. His father says he still is in shock.
“I’ve been electrocuted but I’m still living. That’s the kind of shock I’m in,” said Walter Fitzpatrick.
The driver went the wrong way on I-285 northbound at Flat Shoals Parkway and slammed head on into him.
This accident happened April 8 around 2:45 a.m.
DeKalb police have charged Tanesha Smith with 1st degree homicide by vehicle, reckless driving and driving on the wrong side of the road.
Kevin’s wife, the mother of his three children, wants to know if she was intoxicated.
“I don’t know how somebody not intoxicated could do something like that,” Emily Fitzpatrick said.
The family says they won’t get those answers because investigators told them they did not measure her blood alcohol content. There was no probable cause to take the reading at the time.
Fitzpatrick’s brother Justin questioned why police felt there was no probable cause to run a test.
“With a head on collision resulting in a fatality, why does there need to be probable cause?,” Justin Fitzpatrick asked.
Smith’s attorney told Channel 2 Action News that this was a tragic accident.
“The reality is she feels terrible about the fact someone lost their life,” said attorney Keith Adams.
Fitzpatrick’s family says they need answers so that they at least begin to heal.
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“I’m still in denial. I’m still thinking he’s going to walk in and this is going to be a nightmare,” said Donna Fitzpatrick.
Smith’s attorney says the pandemic is the reason no preliminary hearing has been scheduled.
Fitzpatrick’s wife says her kids are having a tough time emotionally and financially dealing with their fathers death.
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