
MARIN COUNTY, Calif. (KGO) -- Six months after a tragic fatal crash in Marin County involving six teens, four who passed away, it's not clear if the teenage driver will face charges. The California Highway Patrol concluded its investigation of the crash. The DA's Office is not saying when it will make a decision.
It's important to remember law enforcement doesn't make charging decisions. The report is a summary of the investigators' findings and a recommendation. But the decision will ultimately be up to prosecutors and because minors are involved its unclear what, if anything will be released publicly.
According to a California Highway Patrol Report, the teen driver of a vehicle that crashed into a tree in Marin County on April 18 at 7:25 p.m. was traveling at an unsafe speed between 60-65 miles per hour, in a 40-mile-per-hour zone. The speed was determined by the speedometer which the CHP says was frozen above 60 mph.
ABC7 News is not naming the driver because she is a juvenile.
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The report was previously released to the passengers' families. Media outlets, including ABC7 News have since obtained it.
In addition to the driver, one passenger survived. Four teens died.
The friends were headed to a sleepover.
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Charles Dresow is the attorney for the driver who was severely burned in the crash.
"This is a tragedy of immeasurable proportions for everyone involved and the community," said Dresow.
The report states speed was an associated factor contributing to the crash due to the roadway's limited sight distance, narrow lanes, small shoulders, and forest bordering both sides. Also that the driver only had her license for five months and likely lacked the experience to safely handle these road conditions at a high speed.
There was no evidence of intoxication, according to the report.
The CHP report initially states there was no physical evidence at the crash scene to support the involvement of a second vehicle.
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One of the teen surviving passengers told investigators she saw bright headlights just before the crash and wasn't certain whether the driver was driving on the wrong side of the road or if another vehicle was in their lane.
Later in a supplemental portion of the report, the CHP officer states, "My investigative findings do not allow for a definitive conclusion regarding another vehicle's presence or its relevance to the investigation."
Those statements have been troubling for Janet Upton, the aunt of Ada Kepley, one of the teens who died.
"I think to second-guess a 14-year-old girl in the midst of trauma and her recollection and her truth in the moment is difficult and I don't believe she was lying or had any reason to lie," said Upton.
Upton says she thinks there's a lot investigators will never know.
"I think no one can speculate, no one can second-guess, there's just simply a lack of evidence to really tell the story that night," said Upton.
In its report, the CHP recommended the Marin County District Attorney's Office prosecute the driver for gross vehicular manslaughter. According to the report, the driver's mother knew she was driving passengers younger than 20 years old, which was not allowed with her provisional license.
"Anything involving juveniles is confidential by law so I can't comment on what's going on with the case ... but broadly the reports will be sent to the prosecuting attorney's office and they'll make a confidential decision that then goes into juvenile court if they make that decision," said Dresow.
The Marin County District Attorney's Office is not commenting and would not release a timeline for its decision.
"We're choosing to give grace in our grief," said Upton.
"The release of information in a juvenile case is just going to compound the trauma to everyone involved in this," said Dresow.
"My heart goes out to everyone who is affected," he continued.
Janet Upton told me her family supports the teen driver and recognizes that any of these teens could have been driving. The report found no issues with the vehicle itself.