PONTOTOC, Miss. (WTVA) - The family of a girl killed by a passing motorist in 2016 calls for the Attorney General to step into the case.
A'Miya Braxton was killed on Oct. 4, 2016, on Old Highway 9 in Pontotoc County. She was killed by a driver who went around Braxton's stopped school bus.
Since that day, two Pontotoc County grand juries have not indicted the driver.
Braxton's family says the driver violated "Nathan's Law," which requires motorists to stop at least 10 feet from a school bus when loading or offloading children.
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The family believes the grand juries did not indict the driver because of District Attorney John Weddle.
The family says Weddle briefed them twice on the grand juries' decisions to not indict the driver because the juries did not believe the driver intended to kill Braxton.
"We believe this element of 'intent' was introduced, not by the two grand juries, but by District Attorney Weddle himself, and we call on Attorney General Jim Hood to investigate," the family stated.
The family says Hood should investigate three issues:
Whether Weddle or his assistants either deliberately or inadvertently introduced the eliminate of "intent" when presenting the case to both grand juries, despite the clear absence of this element from state law.
Whether Weddle or his assistants should have recused themselves from this case based on any familial or otherwise close connections with the driver.
Whether Weddle or his associates were derelict in their duties by not giving the grand juries clear and accurate guidance on the letter of the law, regarding "Nathan's Law," and regarding state laws covering negligent and vehicular homicide.
The family says there is no doubt the driver committed a crime and Weddle's inability to secure an indictment is a "travesty and a miscarriage of justice."
"We call on Attorney General Hood to:
1. Make a full and complete inquiry into this matter to insure there has been no prosecutorial misconduct.
2. Appoint a special prosecutor to determine whether this case can be re-presented to a Pontotoc County grand jury."
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