Family Of Man Killed In Crash Says State Police Could Have Prevented It

WOBURN (CBS) – The family of a man killed in a crash last summer is furious about a new report that shows State Police had let a driver go just minutes before she allegedly caused the fatal crash.

Lynn DeWolfe, 51, of Tyngsboro, appeared briefly in Woburn District Court Tuesday for a hearing on the August 24 crash on I-95 in Reading. Police said she was driving erratically on the highway, when she hit a car, forcing it toward oncoming traffic where it hit a motorcycle. The motorcyclist, Chris Weisz, 42, of Bedford, was killed.

DeWolfe said she had taken painkillers and Lorazepam and had a reaction to the medication before the collision. She was arrested and charged with operating under the influence of drugs, leaving the scene of a crash that caused personal injury and death, negligent operation, and marked lanes violation.

However, the Boston Globe revealed on Sunday that DeWolfe was involved in another crash earlier in the day and that a State Trooper let her drive away. Nineteen minutes later, she was involved in the crash on I-95 that killed Weisz.

Weisz's widow Alexis said police never told her about the earlier crash and that she knew nothing about it until the Globe contacted her – eight months after her husband's death.

"Adding to our grief is the knowledge that the OUI driver could have been, and should have been, taken off the road the morning of Chris' death. This repeated DUI-OUI driver should not have been on the roads at all, "said Peter Ricci, a Weisz family friend who read a statement on their behalf outside of court Tuesday.

According to the newspaper's investigation, DeWolfe crashed into a car on Route 3 in Burlington the morning of August 24. Because she's been convicted of drunk driving twice, a breath-test device had been installed on her car. When she blew into it and the car started, Trooper Daniel Hanafin determined she wasn't intoxicated and DeWolfe was allowed to drive away. Hanafin didn't file a report on that crash, according to the paper, and a second trooper did not "broadcast a 911 call warning of DeWolfe's erratic driving" prior to the first crash.

State Police spokesman David Procopio said the department found that Hanafin, a four-year veteran of the force, "took all appropriate steps" to determine whether DeWolfe was impaired. They are also looking into what information about the prior crash was provided to the District Attorney's office and, if so, when it was given to prosecutors.

Prosecutors said in court Monday they have just received the State Police collision analysis and reconstruction report in the fatal crash. They have not yet determined yet if DeWolfe will face additional or upgraded charges.

"It seems apparent to us that mistakes were made the morning of Chris's accident. The State Police had the opportunity to take this driver off the roads and it would have prevented his death. The people and/or institutions responsible for these mistakes need to be held accountable," Ricci said. "The family intends to fight for justice, accountability and consequences for all those responsible for his tragic and preventable death."

"Chris Weisz was a loving husband and friend, son and brother. Most importantly, he was a wonderful, loving and devoted father to his three children. All of us miss him every day. Chris' death was completely preventable and he should still be here as a part of our daily lives," Ricci said.

On Tuesday afternoon, Procopio released a statement saying, "We have determined that the District Attorney's Office was not in possession of all relevant information related to the DeWolfe case. Colonel Gilpin, with the support of the administration, has ordered an independent and thorough investigation to determine how and why this occurred."

DeWolfe is due back in court on May 31.