No charges to be filed in fatal day care van crash

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Associated Press

Posted on January 8, 2013 at 6:01 PM

Updated Tuesday, Jan 8 at 6:01 PM

LOUISVILLE, Ky. (AP) — A prosecutor says no charges are planned in a deadly crash last year involving a Louisville day care van that was overloaded.

Leland Julbert, a spokesman for the commonwealth's attorney's office, told The Courier-Journal (http://cjky.it/ZBU41U) on Monday that the evidence is insufficient for charges to be filed. He said the case was not presented to a grand jury.

The van from Heavenly Angels Childcare Center was carrying 16 people when it crashed on June 12, killing an adult monitor on board. A police investigation found that speeding and a blown tire likely contributed to the crash that killed 31-year-old Tiffany Belk and injured at least a dozen children.

A state investigation last year found that the vehicle was authorized only to carry 15 people.

"After reviewing the results of the investigation conducted by the traffic unit, we determined that there was not sufficient evidence to support criminal charges," Hulbert said.

The police report says the driver lost control of the van, and it crossed over two lanes before crashing into a tree. The report said investigators think the right rear tire blew before the crash because they found a large gash in it. The report also estimated the van was traveling at speeds of 46 to 50 mph, which is higher than the 35 mph limit in the area where the accident happened.

The owner closed down three Heavenly Angels Childcare Centers shortly after the crash.

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Information from: The Courier-Journal, http://www.courier-journal.com

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