2012 crosswalk fatality: No criminal charges filed

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The Special Collision Reconstruction Team begins their investigation of the incident in 2012. File photo

The Special Collision Reconstruction Team begins their investigation of the incident in 2012. File photo

By Patrick Yost, Editor

Based on the results of a more-than-150-page Special Collision Reconstruction Team (SCRT) investigation of a fatal crosswalk incident in Madison, Ocmulgee Judicial Circuit Assistant District Attorney Alison Burleson said Monday that no criminal charges will be filed in the incident.

On Jan. 26, 2012, Joan Deaver, 76, was struck and killed by a vehicle driven by Kah’deem Hashawn Chisholm, then 19 years old, at the intersection of South Main Street and Burnett Street, north of Madison ChopHouse Grille.

Deaver’s husband, Carl Deaver, 81, sustained serious injuries in the incident as well. The couple was attempting to negotiate a crosswalk at the intersection, reports state, at approximately 7:03 p.m.

According to the SCRT team report, Chisholm submitted to a voluntary blood test after the incident, which was “negative for alcohol and negative for drugs,” Burleson said. Officers also seized Chisholm’s phone and found no phone activity at the time of the incident, Burleson said.

The SCRT team also conducted “speed studies” which determined that from the time Chisholm purchased gasoline at the then RaceTrac gas station on Eatonton Highway to the time of the incident, his average speed was 25 miles per hour (mph). Burleson said investigators determined that Chisholm’s speed at the time of the incident was 19 mph.

“They did a very thorough job,” she said.

Burleson said at the conclusion of the investigation, the Georgia State Patrol and the District Attorney’s office both concluded that criminal charges against Chisholm are not warranted.

“There’s no question it’s a tragedy for everyone involved,” she said.

In a letter from District Attorney Fred Bright to Corp. Richard Peck, Georgia State Patrol SCRT investigator, Bright confirmed that no criminal charges would be sought by the state.

“I commend you for your diligent and extremely thorough investigation of this case,” Bright wrote. “Based upon our review of the case file and all the evidence, although this was an extremely tragic event, there does not appear to be evidence of any criminal liability. Accordingly, our office does not intend to pursue any criminal prosecution in this case.”

Burleson said had the investigation revealed criminal misconduct, the Georgia State Patrol would have issued warrants.

“It just doesn’t appear there’s criminal activity. The Deavers’ path and Chisholm’s path crossed in a horrible way that day.”

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