This story was updated at 6:30 p.m.
The driver in the fatal Route 4 crash last September that killed Sullynette Sanchez, 23, will not face criminal charges, according to the lawyer for Sanchez's fiance. Sanchez was 8 months pregnant at the time of the accident; the baby was delivered by C-section, but died two weeks later.
"He’s been given traffic tickets, basically," said Joseph Ballirano, lawyer for Stephen Bustamante, Sanchez's fiance, and Sanchez's parents. Ballirano said the driver, Benjamin Servideo, 24, of Newport, was cited for conditions requiring reduced speed, failing to maintain control of his car, and not keeping the proper amount of space between vehicles.
"The police believe the motorist was going 58 [mph] at the time of the collision," Ballirano said. He confirmed that the police report said Servideo had been reaching for his wallet at the time of the crash. "The family was hoping that the police would consider that the actions of the driver were recklessly indifferent."
The Rhode Island State Police released a statement at 5 p.m. Tuesday, which included this exerpt:
"The State Police Accident Reconstruction Unit conducted an extensive and thorough investigation to determine the cause of the crash. Through numerous investigative techniques they found that narcotics and/or alcohol were not factors in the crash. With the assistance of the Rhode Island Attorney General’s Office, it was determined that the crash did not rise to the level of criminal recklessness, and therefore, no criminal charges will be brought against the operator at this time.
“Colonel Steven G. O’Donnell stated, 'Our thoughts and prayers are with the victim’s family. We recognize that this is not the outcome they may have expected, but the evidence gathered through several investigative techniques did not rise to the level of probable cause to move forward with a prosecution.'”
"He took everything from me and he’ll just get a traffic ticket. He killed two people," said Bustamante, who said Servideo had not reached out to him or Sanchez's parents. "They say he was trying to get his wallet. Is a wallet that important?"
Here are earlier stories about the accident:
Pregnant Woman Killed In Route 4 Crash
Driver In Fatal Route 4 Accident May Have Been Distracted
Baby Delivered After Crash Survives
Fundraisers Spring Up For Baby Of Crash Victim Sully Sanchez
'Good Samaritans' In Route 4 Fatal Accident Surface