The drivers in the illegal Prince George’s County race at which eight bystanders were killed early Sunday morning could be charged with manslaughter, even if their vehicles weren’t involved in the fatal accident, criminal defense lawyers said.
About 15 people, among a crowd of dozens that gathered to watch a street race at the intersection of Indian Head Highway and Pine Drive in Accokeek, were hit around 3 a.m. Saturday by a sedan that was heading northbound on Indian Head Highway. The driver of the sedan was not involved in the race.
Maryland courts have ruled that when a person has been killed as a “direct consequence of illegal racing … any driver participating in the race may be convicted of manslaughter,” regardless of who collided with whom.
Whether prosecutors will use the ruling in the Accokeek incident remains to be seen. A spokesman for Prince George’s County State’s Attorney Glenn Ivey said they are investigating all possibilities, and it could be as long as 90 days before a clear picture of the accident scene is pieced together.
Robert Bonsib, a defense lawyer with decades of experience as both a Prince George’s County and federal prosecutor, said the court’s previous ruling could be applicable and possibly expanded by prosecutors.
The question, Bonsib said, boils down to who is aiding and abetting a criminal activity. Anyone who aids and abets a crime can be found guilty of that crime.
“The bulk of the people on the road at 3 a.m. were there to encourage and participate in drag racing. Where criminal liability might go is a valid question,” he said.
Bonsib suggested liability could fall on the shoulders of the drivers, the crowd, the event organizers or all of the above.
Maryland lawmakers are also reportedly considering legislation aimed at making the penalties for race spectators explicit.
