Cumberland Times-News

January 11, 2013

No criminal negligence found against driver in woman’s death

Investigation of Oakland accident included review of business video surveillance, cell phone records, eyewitness accounts

From Staff Reports
Cumberland Times-News

— OAKLAND — No criminal negligence was found in the investigation of the October fatal pedestrian accident that claimed the life of a Deep Creek Lake woman, according to the Garrett County Sheriff’s Office.

Seventy-one-year-old Patricia Farrell Franklin died following the Oct. 13 incident at Oak and South First Street in Oakland where she was struck by a pickup truck operated by Olivia Storey, 22, of Oakland.

Franklin was treated at Garrett County Memorial Hospital and died the next day after being transferred to Ruby Memorial Hospital in Morgantown, W.Va.

The investigation included review of business video surveillance in the area of the collision, cell phone records, eyewitness accounts and numerous other items of evidence examined by a deputy and the Garrett County State’s Attorney’s Office.

“Based on the evidence, it was determined that the actions of the driver in the collision, Oliva Storey, did not rise to the level of criminal negligence,” said a sheriff’s office spokesman.

Police said Storey was cited for negligence and driver failure to exercise due care to avoid pedestrian collision under the Maryland Transportation Article.