DA: No criminal charges filed in fatal crash involving Bewley

Feb. 10—ASHLAND — No criminal charges will be filed in connection with the fatal July traffic crash involving former state Sen. Janet Bewley.

Alyssa Ortman, 27, of Clearfield, Pennsylvania, and her 5-year-old daughter, Khaleesi Fink, were killed in the crash.

"Based on all the evidence submitted by law enforcement agencies regarding the accident, I have concluded that there is not a sufficient basis to believe that the state could meet its burden of establishing all the elements of a violation of a Wisconsin criminal statute beyond a reasonable doubt against a potential defendant," Ashland County District Attorney David Meany wrote in a Thursday, Feb. 9, statement.

Criminal charges were not referred to the office by law enforcement agencies, but Meany said it was his responsibility to independently review the evidence to consider whether charges would be filed.

Bewley pulled out from a public beach in Ashland to turn east onto U.S. Highway 2 shortly before 12:30 p.m. July 22, when her car collided with the car driven by Ortman, which was heading west. A third vehicle, driven by Jodi Munson of Washburn, was heading east when Ortman's car spun across the highway and struck it.

Bewley, who was speaking to a reporter over a hands-free phone at the time of the accident, reported that she looked both ways before pulling out. She told an officer that she had seen two vehicles, but knowing the speed limit was 45 mph, believed the cars were far enough away for her to cross the westbound lanes.

A witness reported that Ortman's vehicle zoomed past hers, going roughly twice as fast as her own vehicle's 40 mph, just before the crash. Electronic data from the Honda Civic Ortman was driving indicated it was traveling at 94 mph and the speed increased to 100 mph a second and a half before the collision. The brakes were not activated until one second before the collision.

Bewley was on the way to a medical appointment for a checkup after a cataract operation the day before.

"The medical evidence shows that there were no restrictions placed on Bewley's activities after that operation, and there is no evidence that Bewley's eyesight was impaired at the time of the accident," Meany said.

But Brandon Fink, who is Khaleesi Fink's father and Ortman's ex-fiance, told the News Tribune he was dumbfounded by the district attorney's decision not to file charges, and that he feels Bewley should have been — or perhaps even was — restricted from driving after her surgery.

"It takes a quick Google (search) to see that everybody gets a (driving) restriction," Fink said. "The DA told me he interviewed the doctor, and the doctor said he gave her no restrictions. That was the biggest red flag. Excuse me? Why is she the first person to ever not get the restriction? ... I believe she had a restriction and knew it."

Google search results

indicate that most people who undergo cataract surgery are able to resume driving about 24 hours after surgery.

Fink put forth a long Facebook post on Wednesday, Feb. 8, in which he cast aspersions on the crash investigation and claimed he had received no apology from Bewley.

Toxicology reports from law enforcement indicated Bewley had no alcohol or other substance that would impair vehicle operation in her system. A blood sample taken from Ortman after the accident indicated that Ortman had a detectable amount of Delta 9 THC in her blood at the time, the statement said.

Based on the evidence submitted to his office, Meany said he was not confident the state would be able to establish beyond a reasonable doubt that Bewley acted in a "criminally negligent" manner — a required element for charges of homicide by negligent operation of a motor vehicle and reckless driving causing great bodily harm — or a "criminally reckless" manner — a required element for the crimes of second-degree reckless homicide and first- and second-degree recklessly endangering safety.

Fink said he feels like it's a "pretty big coincidence" that the district attorney didn't put forth a charging decision until after Bewley had retired from office.

"Pretty convenient she got to ride out her term with no pressure to resign or anything over all this," he said in a Facebook message.

The district attorney said his decision does not address the issue of whether any party involved in the accident is liable to another party in a civil action. In October, Brandon Fink filed a wrongful death suit in Ashland County Circuit Court against Bewley, Munson, their respective auto insurance companies and the insurance company that provided liability insurance to Ortman. No court dates have been set for the civil suit, according to online records.

The full statement can be found on the

Ashland County website

under the District Attorney tab.

The News Tribune's Joe Bowen contributed to this report.

This story was updated at 11:55 a.m. Feb. 10 to add comments from Brandon Fink. It was originally posted at 8:20 a.m. Feb. 10.