Rick DeVore says he not only lost his dad in the accident that claimed the life of the 59-year-old Montgomery man, he also lost “my best friend.”
Thomas DeVore never did regain consciousness after getting struck while crossing Douglas Avenue on foot from his home in Oak Grove Mobile Home Village in Montgomery the evening of Aug. 1. Suffering massive head trauma, multiple broken bones and lacerations, he was taken off life support the following day at Rush Copley Medical Center, leaving behind friends and family with a lot of unanswered questions.
What makes this Father’s Day even more emotional for Rick DeVore, an only child who spent many hours enjoying Cubs and Bears games with his dad, is the fact the family just learned the 19-year-old driver who hit him was not charged with anything more serious than failure to reduce speed to avoid an accident.
Which, according to officials, is because there was simply not enough evidence for criminal charges.
A thorough investigation by the Montgomery Police and Kane County Reconstruction Team determined there was no substance abuse or any kind of aggravated behavior, including high speed of travel or frequent lane changing, that contributed to the accident, said Kane County State’s Attorney Joe McMahon. Nor had the driver been using his cellphone when he hit the pedestrian.
“We closed every loophole,” Montgomery Police Chief Phil Smith insisted, by also talking to witnesses and checking nearby surveillance videos.
The driver did admit he was looking down at a bandage on his arm when DeVore stepped out on Douglas Avenue at about 8:45 p.m. Aug. 1, police said. While distracted driving is often associated with cellphone use, it can also include changing the radio, eating in the car, dealing with unruly kids or yes, looking down at an arm wound.
But just because someone is negligent or distracted by something does not mean that rises to the level of criminal conduct, pointed out McMahon, adding that the driver had recently given blood, which was the reason for the bandage.
“My role is to look at it objectively and not make a decision based on emotion or vengeance,” he added. “There is no checklist. We look at each case individually, which also takes into account the behavior of the victim who in this case was not using a crosswalk” at a time when the light from the day was fading.
Loved ones speculate the former pastor, who was on disability, was either going to or coming from a convenience store across from his home at the mobile home park. He was not using the crosswalk to the south on Montgomery Road and Douglas Avenue, and a blood test determined he had alcohol in his system when struck. All of which “is not as important as the behavior of the driver,” noted McMahon, but must be entered into the equation when determining culpability.
Thomas DeVore’s family aren’t the only ones upset by this accident and demanding answers.
Edie Johnson, long-time manager of Oak Grove, went in front of the Montgomery Village Board weeks after this fatality to let trustees know this was the second serious accident in two years involving a pedestrian trying to get across this road.
There are no nearby crosswalks or sidewalks for the 80-some mobile home residents — most are seniors or disabled — to use when they are trying to get to the other side of Douglas, where many bank or shop. They can’t drive, she pointed out, and some use walkers, canes and electric scooters, so they often resort to jaywalking rather than navigate the ground to get to a crosswalk.
“We have to stop for geese no matter where they cross so why don’t we have the same protections for these people?” Johnson asked, noting drivers often ignore the 30 mph speed limit, just as they pay no attention to the “no right turn on red to race across Montgomery Road to beat the person in the left lane.”
“It is nothing but a speedway,” agreed Mary Ann Deiters, an Oak Grove resident who is particularly worried about her adult deaf son and wants to see at least a crosswalk added.
Smith confirmed the city is taking these concerns into account and looking into possible solutions, including a sidewalk. But any such measures, he noted, are going to take time.
In the meantime, DeVore’s family, who are also frustrated they have yet to see the accident reconstruction report or final autopsy report, continue to grieve.
Adding insult to injury, they say, is the fact Thomas DeVore kept getting letters mailed to him long after he had died informing the deceased man if he did not appear in court as a witness, the traffic charge against the driver would be dismissed.
Determined to follow the case closely, Rick DeVore and his mother Patricia attended all traffic court appearances, but the fact the driver did not show up and sent his lawyer instead, Rick said, only added to their anger.
“I don’t understand the legal system,” said Thomas’ mother Joyce DeVore. “You drive down the road, get distracted and kill someone and you just go on with life and not even show up for a court date?”
Although disappointed with the recently-completed investigation, the family has no plans to pursue the driver in civil court.
“I don’t want to hang the kid — he’s only 19,” said the victim’s son. “And we are all guilty of distracted driving from time to time … but I also don’t want to give him a pass.”
Officials said they understand why the family has so many questions. When someone dies and we know the death was at the hands of another, it’s only natural to want that person to be held responsible.
“But we took this seriously from the beginning and looked at it as if we would charge the driver with vehicular homicide,” insisted Smith. “The facts, however, did not warrant criminal charges.”
