No criminal charges will be filed against a driver who hit a motorcyclist and dragged him for nearly two miles at a road construction site near Lincoln in mid-January.
38-year-old Gabe Wilken of Lincoln died in the wreck.
It took an extensive investigation simply to identify the driver.
According to the accident report, Wilken was riding north on Northwest 48th
Street January 16th at 7pm when he left the roadway, overcorrected, and laid down the bike. The motorcycle landed in the southbound lane where it was hit by a car.
His body was discovered by a couple about a half hour later, about two miles away.
The investigation could not determine whether Wilken died when he wrecked the bike or when the car hit him.
Lancaster County Attorney Joe Kelly says though the driver of the car that hit and dragged Wilken has been identified, there isn’t enough evidence to file charges.
“A lot of it is as simple as you would have to show that someone knew that they hit another human out there and that just factually is not there,” Kelly tells reporters. “And you would have to know that they knew that they were dragging a human body for a period of time. The evidence is contrary.”
Wagner says not enough evidence surfaced during the investigation to justify criminal charges.
“We lack sufficient evidence to charge that driver with any crime,” according to Wagner. “The investigation, we’re considering it completed, although we continue to investigate any leads that might come in regarding this case.”
Wagner says the driver thought he had hit something from the construction site.
Jane Monnich, KLIN, contributed to this story.