In August, Scott Bailey of Tobaccoville was riding his bicycle on Doral Drive when he was hit by a car. Bailey, 31, died of his injuries the next day.
Soon after, the N.C. Highway Patrol indicated that charges were pending against the car's driver, August "A.J." Spieler III.
Now, more than 3½ months later, Bailey's family is still wondering when it will hear whether a decision has been made on whether Spieler will be charged.
Bailey's family has also filed a civil lawsuit against Spieler in the incident, alleging that he was negligent.
"While this guy's got Thanksgiving dinner at his house, we've got an empty chair at our house," said Phillip Bailey, Scott's younger brother.
The Baileys say they have called the office of Forsyth County District Attorney Tom Keith repeatedly in the past month to check on the case. Their calls to legal assistants, to Keith and to Jim O'Neill, the assistant district attorney handling the case, went unanswered until Monday, they said.
Marian Bailey, Scott Bailey's mother, said that O'Neill called her and told her that he may review the case and reach a decision about any charges in the next few weeks.
She said that O'Neill explained the unreturned calls by saying that he had been preparing for a capital-murder trial that took place in November. O'Neill is assigned all cases in which a wreck leads to a death.
No blood tests are pending, a common reason for a delay in cases involving motor vehicles.
In an interview this week, O'Neill would not comment about the delay or say when a decision in the case would be reached.
"It's an ongoing investigation," he said.
Keith would say only that his office is working on the case and that it is trying to reach one of the witnesses.
Bailey was wearing a helmet and riding north on Doral Drive in the middle of the day Aug. 20. He was on the far right side, by the outside white line, when Spieler struck him, according to the highway patrol.
Spieler stopped after the wreck. There is no indication in the trooper's report that he was speeding or that he was impaired.
The Baileys said they will keep asking O'Neill to make a decision.
"It's very disheartening for us," Phillip Bailey said.
■ Dan Galindo can be reached at 727-7377 or at dgalindo@wsjournal.com.
Email
Facebook
Google
Twitter
Favorites
More
Advertisement