LUBBOCK, Texas — On May 6, 24-year-old Amber Canaday was killed when an F250 truck drifted into her lane, striking her head-on.
Ms. Canaday’s family was informed on Tuesday that the driver who collided with Ms. Canaday will not face criminal charges.
Assistant District Attorney, Tom Brummett, said initially they were looking at a charge of criminally negligent homicide, but decided he didn’t believe there was enough evidence of negligence to convince a jury to convict the driver.
“I have to show that their deviation and what they did was so beyond what the average person would do in that circumstance that they could face criminal liability for it,” Brummett said. “We looked at what the law said and came to the conclusion that we don’t believe that we’re going to be able to proceed.”
Ms. Canaday’s father, Jonathan Canaday, said the decision the driver made to look down at his phone, causing him to swerve, will haunt him for the rest of his life.
“I will never get my daughter back, and my family friends and i have to live with that,” Jonathan Canaday said.