Gwinnett DA: Texting vehicular homicide not a felony

By Marcus K. Garner

The Atlanta Journal-Constitution

A Gwinnett County woman arrested last year for vehicular homicide while texting saw her charges reduced to a misdemeanor Tuesday.

“We didn’t believe there was sufficient evidence to show felony vehicular homicide,” Gwinnett County district attorney Danny Porter told the AJC.

Police say Lori Reineke was texting when her SUV struck and killed James Eaton III as he walked last October on a dark, rainy night.

Rather than first-degree vehicular homicide -- a felony -- Reineke’s case will go before Gwinnett County solicitor Rosanna Szabo as misdemeanor second-degree vehicular homicide.

The decision comes just days after a new state law took effect making it illegal to drive while texting.

But Porter said had the law been active at the time of the accident, Reineke could still only be charged with a misdemeanor because there weren’t factors present to make her crime amount to reckless driving -- the standard that would make the vehicular homicide a felony.

“There was no evidence of impairment by drugs or alcohol. She wasn’t speeding, wasn’t driving too fast for conditions, and didn’t run a red light,” Porter said. “The only underlying offense here is driving while distracted.

“I don’t think the new law, standing by itself, would raise the level to be a reckless driving offense.”

Police initially charged Reineke, 48, with reckless driving, alleging she had been texting at the time of the fatal accident.

Eaton, police said, entered a crosswalk while the crossing light was red and Reineke’s light was green.

Reineke was arrested in February after a lengthy investigation and was released from the Gwinnett County jail on $34,900 bond.

Her attorney, Larry Delan, insisted at the time that Reineke was not texting.

“She was absolutely not distracted by texting,” he told the AJC.

Porter acknowledged that there was about a 60-second window between the time of the accident and the time phone records show the text activity.

“At or about the time of striking the pedestrian, she was receiving or sending a text,” he said. “It was about a minute.”