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Family Protesting Lack Of Charges Against Trooper

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Family Protesting Lack Of Charges Against Trooper

FREDERICK, Md. (WJZ) ― This week marks a very sad anniversary for a Finksburg family.

One year ago, Randy Rakes was killed by a car driven by a Maryland state trooper.

Sally Thorner reports the victim's mother led a rally for justice Monday.

Randy Rakes' family isn't giving up. They've filed a $15 million lawsuit, even though there will be no criminal charges filed against Trooper Dale Derr.

After a review, Frederick County prosecutors affirmed a state police decision not to pursue criminal charges because of a so-called lack of evidence.

Randy's mom led a small group of protesters outside the Frederick States Attorney's Office in a rally for justice.



"We're here today to ask the Frederick's state's attorney how he could not find enough evidence to charge Trooper Derr. I mean in their own report, they said he was doing 23 miles over the speed limit and hit him on the side of the road. What more evidence do we need," said Jeane Blizzard.

On Nov. 28, 2006, Randy Rakes was crossing Route 140 in Carroll County with a friend.

He never made it. The 38-year-old was hit by Derr's cruiser and killed.

The officer said that Rakes jumped out in front of his car, but the full Maryland state crash investigation shows Derr was speeding.

A crash team report obtained by Eyewitness News clearly says Rakes would not have died had Derr not been doing 83 in a 55 mile per hour zone.



"It's the fact that if they are so far above the law, we don't have any law," said Blizzard.

Rakes' family is asking Governor Martin O'Malley to intervene.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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