Nov 10, 2014 5:21 PM
Distracted driving charges dismissed in fatal Brookline crash
BROOKLINE - The charge of negligent homicide against 32 year old Greg Cullen has been dismissed. Cullen is accused of being distracted by the GPS on his cell phone when he allegedly caused the crash that killed Katie Hamilton, a Brookline mother of three on Christmas Eve last year.
According to Cullen's attorney Michael Iacopino, Cullen was driving the speed limit and admits to looking at his GPS before the crash, but he maintains he did nothing against the law.
County Attorney Patricia Lafrance says the prosecution felt it was negligence even under the less comprehensive law that's on the books now.
A new law will go into effect in July that makes it illegal to use any hand held electronics while driving.
According to Lafrance, the outcome of this case could have been different had this law been in place. Iacopino disagrees. He said, "In order to be guilty of negligent homicide his actions had to be a gross deviation from what a reasonable person would do under these circumstances."
Prosecutors say they respect the ruling even if they disagree with it. "It's heart-breaking and senseless and 100% avoidable," Lafrance said.
Iacopino says Cullen's life has forever changed. He said, "A life was lost that day and he's devastated by that and he will live with that for the rest of his life but it wasn't a crime it was an accident."