MOUNDSVILLE - Marshall County Prosecutor Jeff Cramer filed a motion Thursday to dismiss a charge of driving under the influence causing death against Casey Hill.
Hill, 23, of Blair's Ridge was charged after a July incident near the community of Adaline. The all-terrain vehicle he was driving rolled over several times, ejecting Kayla Breann Lilley, 22, of Cameron and eventually pinning her under the vehicle. She was pronounced dead at the scene.
When deputies with the Marshall County Sheriff's Department responded, Hill was not at the scene, the criminal complaint states. Troopers with the West Virginia State Police found Hill at the Cameron Fire Department and notified deputies they believed he may have been under the influence of alcohol.
The complaint states a test showed Hill's blood-alcohol content at 0.098 percent, over the legal limit of 0.08 percent for driving. According to the complaint, however, Hill told troopers he had not consumed alcohol. He was taken to the sheriff's office to await possible charges.
In the meantime, deputies found three empty beer cans near the ATV, as well as an unopened beer that was still cold inside of the vehicle. Hill consented to another BAC test, which showed a result of 0.069 percent. He has been free on $10,000 bond, and a preliminary hearing was set for today.
On Thursday, Cramer filed a motion to dismiss the charges without prejudice after reviewing several pieces of evidence in the case. He said while the actions of the deputies at the scene were "entirely appropriate," further investigation supports the dismissal.
"Two blood-alcohol tests were conducted," Cramer said, adding an intoximeter breath test and blood-based alcohol analysis were administered. "The results of both tests were that Mr. Hill was operating the (vehicle) below the legal limit of .08."
Cramer noted the results of the blood-alcohol test administered when Hill was found, a handheld preliminary breath testing device that showed a blood-alcohol content over the legal limit, are not admissible as evidence in West Virginia. He added the two official tests both showed a result below the legal limit.
Additionally, Cramer said interviews with eye witnesses indicate Hill was not driving the vehicle in a reckless manner prior to the accident, nor did he flee the scene after it occurred.
"Due to Mr. Hill being in an extremely distraught condition, he was taken from the scene by members of the Cameron Volunteer Fire Department to their station, where he waited with (Lilley's) father and brothers for news of her condition," Cramer said.
Cramer said he and investigators from the prosecutor's office viewed the scene of the accident, which is rural and has hilly terrain. He said the lack of a shoulder or berm on the gravel road made the area potentially dangerous regardless of other conditions.
"It was our determination that the rollover could have happened easily regardless of speed and sobriety," he said.
Cramer said the motion to dismiss came only after meeting with Lilley's parents, who he said are in complete agreement with the dismissal. He said the family considers Hill to be a son, and any outcome of a court case would not change the results of the accident.
"Their position was that the prosecution of Mr. Hill would serve only to force them to continuously re-live a tragic and terrible day in their lives," Cramer said. "As Marshall County prosecutor, I will not do that to the Lilley family."