No charges for cop in fatal crash that killed motorcycle driver

ST. CLAIR SHORES, Mich. - A local police officer will not face criminal charges for a deadly crash where his cruiser collided with a motorcyclist.

Despite an investigation by the Michigan State Police, the victim's family says it doesn't add up. FOX 2 spoke with the family's attorney who pointed to that dash cam video and the police report which he believes shows the officer should have been charged.

For the last five months attorney David Femminineo says the family of 20-year-old James Bush held out hope that someone would be held accountable for his death.

On Tuesday the Wayne County Prosecutor decided not to charge St. Clair Shores Officer Thomas Murphy.

"I don't know how anyone could review the video and not come to the conclusion Officer Murphy was fully at fault for causing the accident,"  Femminineo said. "The family of James Bush is extremely disappointed by the decision of the Wayne County Prosecutor’s Office."

As seen on Murphy's cruiser's dash cam video, the prosecutor said Murphy was attempting to pull over a minivan on Eight Mile for not having his lights on.

The officer did a U-turn and as he turned left to follow the minivan into a driveway, he struck Bush on his motorcycle and killed him.

Investigators interviewed the driver of the minivan, her passenger, another driver and the officer, who all claimed the motorcycle was not visible because of dusk lighting and the motorcycle's lights blending in with the car's headlights behind it.

But attorney Femmineo says all you have to do is look at the dash cam video.

"There is no one who could possibly say that the motorcyclist was not in plain view with his lights fully illuminated glaring against the front wind shield of the officer's vehicle as seen by the dash cam video," he said.

The prosecutor also said the evidence shows the officer did in fact yield, before he struck Bush, however FOX 2 obtained the police report from the night of the crash.

It clearly states under hazardous action that Murphy failed to yield. Bush was just driving straight ahead.

"He was fully at fault for causing the accident, cited for causing the accident, and now no charges," said Femminineo.

The officer may not be facing criminal charges but the family of James Bush is going after Murphy and his department for civil damages. They are suing for wrongful death and hope somehow in the end, someone will be held accountable.

"A mother is left without her only child for the rest of her life," said Femminineo. "A father left without his son."

Traces of marijuana were found in Bush's system according to the autopsy report.