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Family Demands Justice After Son Killed In Wreck

Reported by: Send eMail Dan Matics
Videographer: Dan Matics
Web Producer: Dan Matics
Reported: Nov. 7, 2013 10:28 PM EST
Updated: Nov. 7, 2013 11:24 PM EST

EYEWITNESS NEWS ONLINE WEBCAST VIDEO

Family Demands Justice
Eyewitness News Photo

Greenup , Greenup County , Kentucky

One Kentucky family is speaking out after their son was killed while riding his motorcycle.

A grand jury indictment was never returned against the woman blamed for the accident.

This is the first holiday season Nancy McKenzie will spend without her son.

"Everyday I live with out him," McKenzie said. "He'd help anybody."

Johnson was hit and killed in an intersection while turning onto a bridge crossing from Greenup, Ky. into Portsmouth, Ohio on his motorcycle back in March.

An SUV ran a red light and hit Johnson as he was turning into the on coming lane. One witness stated the SUV driver was speeding.

"He had a closed-casket funeral," McKenzie said.

What's shocking for Johnson's family -- a grand jury never returned an indictment against the driver of the SUV, who was only charged with a traffic violation. The indictment that wasn't returned even after the SUV driver admitted to using prescription drugs, and even after those witnesses said she was responsible for the accident.

Greenup County Commonwealth Attorney Mel Leonhart was careful with his words.

"The testimony of the grand jury is not something that i can comment on," Leonhart told Eyewitness News over the phone. "Other than one of the key issues in the case was on the blood toxicology of both the driver and the victim."

The driver of the SUV confessed to taking Loritab before the accident. Leonhart would not comment on whether or not she had a valid prescription for the drugs.

Johnson did not have a valid driver's license, but Richard Wolfson, the attorney representing his family said that doesn't matter. Wolfson thinks there was a lack of an investigation on behalf of the prosecutor who presented the case.

"That's not good enough," Wolfson said. "We are not trying to convict her. We just need an indictment to take the case further."

In the meantime, the family said they are continuing to search for answers feeling as if the system failed them.



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