Teen on e-bike killed: Legal expert outlines key questions in the case
DURHAM, N.C. (WTVD) -- As a Durham community mourns the death of a teenager killed while e-biking during the weekend, legal experts are helping to shed light on key unanswered questions in the crash investigation.
Fifteen-year-old Jack O'Shea was killed Saturday night while riding his bicycle on Cole Mill Road, according to police.
The driver of the vehicle, Joseph Savarino, 26, faces a Driving While Impaired charge as the investigation continues. Savarino is the grandson of longtime Duke University basketball coach Mike Krzyzewski.
Legal experts say determining exactly how the crash unfolded will be central to understanding potential responsibility.
The question is, could the person have reacted to the bicyclist's action differently if the person was sober rather than impaired?- Carl Fox, retired North Carolina Superior Court judge
"It's just a very tragic accident," said Carl Fox, a retired North Carolina Superior Court judge.
Police have said Jack was struck after he biked in front of a car traveling behind him. Fox said investigators will likely focus on whether the driver attempted to slow or take evasive action before the crash.
"You'd want to know whether there were any skid marks, or whether there's any attempt to reduce the speed of the vehicle before it happened, or was there just no opportunity to do that?" Fox said.
Additional questions have been raised because police say the driver was impaired at the time of the crash. Savarino was arrested after the incident and is currently facing one DWI charge.
"Who caused the action in this case? And is there any fault for the driver because of the driver's impairment in reacting to the situation?" Fox said.
Court documents show Savarino recorded a blood alcohol concentration of 0.11 during a Breathalyzer test administered more than three hours after the crash, which is above the legal limit. The records also state Savarino told officers he had been drinking earlier that day.
"The question is, could the person have reacted to the bicyclist's action differently if the person was sober rather than impaired?" Fox said.
Flowers were placed at the crash site on Tuesday as people continued to grieve. Savarino's family did not respond to a request for comment.
Jack attended Cardinal Gibbons High School in Raleigh. The school is offering additional support for students as they process the loss while authorities continue to work through the remaining questions surrounding the case.
