Supporters rally for charges against speeding police officer

“It?s not just about Randy anymore,” Jeanne Blizzard, Randy Rakes?s mother, said outside the Frederick County State?s Attorney?s office. “Read the report and see for yourself. This case should go to trial. No one should be above the law.”

Rakes ran across Route 140 in Finksburg near midnight Nov. 28, 2006. He had nearly made it when a police cruiser speeding 83 mph inched onto the shoulder struck him.

The speed limit was 55 mph, and the officer, Dale Derr, then 22, was off-duty and on his way to file paperwork at the Westminster barracks, according to a crash team investigation report, completed in December but received by Blizzard last month.

That report contradicted a news release from the day after the crash, which said Derr was driving “in a routine manner” and was on his way to assist in a burglary call.

Carroll transferred the case to the Frederick State?s Attorney to avoid a conflict of interest. Frederick prosecutors decided in May not to charge Derr, saying speed alone is not sufficient for vehicular manslaughter charges.

“We certainly aren?t going to reconsider our decision because of a rally,” said Charlie Smith, Frederick County state?s attorney. “We?ve looked at this decision very hard and regardless of whether he?s John Q. Public or a state trooper, our decision would be the same.”

Blizzard has alleged a state cover-up to protect a young trooper.

She has sought criminal charges against Derr in Carroll County, but the prosecutors who had the case transferred would have to follow through.

In addition, she?s sent letters to several state officials, including Gov. Martin O?Malley, State Police Superintendent Col. Terrence B. Sheridan and Attorney General Doug Gansler.

O?Malley?s office referred calls to state police, who have declined to comment, citing a $15.8 million lawsuit Blizzard filed against them that claims negligent driving.

Gansler?s office did not return calls.