The mother of the Carroll County man killed when a state trooper?s cruiser sped into her son has filed criminal charges against the trooper.
After learning this week that the Frederick County State?s Attorney?s Office decided not to charge Trooper Dale Derr, Jeanne Blizzard, the victim?s mother, said she has filed her own charges claiming vehicular manslaughter and excessive speed.
“I?m notout to crucify this man; I just want justice,” said Blizzard, the mother of Randy Rakes, who died after being hit on Route 140 in Finksburg a year ago. “This isn?t about Randy anymore. Randy?s gone, and nothing?s going to bring him back. This has really turned into who do the police answer to?”
Derr?s cruiser was speeding over a slope Nov. 28, 2006, when the car hit Rakes, 38, about a half-foot onto the shoulder, according to a state police crash-team investigation report.
In a statement the next day, police said Derr was responding to a burglary call. But the later accident investigation showed he had been off duty for an hour and was on his way to Westminster barracks to file paperwork and traveling 83 mph, 28 mph over the speed limit
“If this had been any other person than a state trooper, they would have been charged,” Blizzard said. “I have no doubt.”
The Carroll County State?s Attorney?s Office said it referred the case to Frederick County to avoid a conflict of interest because Derr is stationed at the Westminster barracks.
Blizzard?s attorney sent letters Wednesday to Gov. Martin O?Malley, Attorney General Doug Gansler, State Police Superintendent Terrence Sheridan and Frederick County State?s Attorney Scott Rolle.
O?Malley?s office referred questions to the police, who declined comment.
Gansler?s office said it had not received the letter and declined comment.
Prosecutors in Carroll County, where Blizzard filed the charges, would consider dozens of factors before deciding whether to prosecute Derr, criminal experts said.
