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July 2, 2013

Prosecutors reviewing Ind. 60 fatality

Too soon to determine if driver texting led to collision


The Office of the Clark County Prosecutor is continuing to investigate possible charges against a man involved in a fatal automobile collision on Ind. 60 on June 25.

The head-on collision resulted in the death of Craig J. Elsmore, 48, of Floyds Knobs, who was the only occupant in his 1998 Dodge Ram pickup truck at the time of the accident.

The driver of the second vehicle, a 2010 Honda Civic, was driven by Mark Robinson, 18, of Key West, Fla. A passenger from Memphis was the only other person in the Honda.

While the Indiana State Police accident report lists the contributing circumstances of the fatal accident as Robinson crossing the center line and cell phone usage, no charges have been filed. Clark County Chief Deputy Prosecutor Jeremy Mull said officials have not yet resolved if the collision was  a “criminal act or merely an auto accident.”

“We are doing an ongoing investigation of that crash to determine whether or not criminal charges are appropriate,” Mull said. “I will review all the evidence once I obtain it to determine if it is appropriate to file charges.”

He said it will likely be several weeks before the prosecutor’s office receives all pertinent information, including records from the University of Louisville Hospital, where Robinson was treated after the collision and later released. Mull said it is a violation of Indiana law to text and drive and that texting and driving is responsible for many accidents on state roadways. 

He added that it is too soon to determine if Robinson will be charged for allegedly texting while behind the wheel resulting in the collision. 

“I am not sure, at this point, whether if it [texting and driving] is an element that is going to be in play in this case or not, but I can tell you it is an element that we are examining,” Mull said.

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