No careless driving charge for speeding driver who hit, killed girl

STRASBURG - The volunteer firefighter who struck and killed a 14-year-old girl on a bike while driving to the fire house will not be charged with careless driving.

The Adams County District Attorney's Office instead requested a speeding ticket and an obstructed windshield citation for Cory Linnebur, 23, of Strasburg.

The decision, outlined in a Nov. 10 letter to the Colorado State Patrol, comes approximately four months after the June 29 crash that killed Justine Little.

Little was riding her bike when she was struck from behind. She died the next day at a hospital.

State troopers allowed Linnebur to drive his pickup to the fire station after the crash despite his admission that he was speeding and had mud on his windshield. He was not ticketed at the time.

The Little family told 9Wants to Know in August that they suspected the State Patrol was covering for a fellow emergency responder.

The family's attorney, Jennifer Gifford, said the decision by prosecutors "doesn't make any sense."

"I think the final decision was made the night this happened," Gifford said. "If you're admittedly speeding, you have a windshield that's covered in mud, and you hit and kill someone, that at a minimum should be considered to be careless."

The Adams County District Attorney's Office declined to comment on the case, citing professional ethics guidelines that restrict public comment on open cases.

The decision letter obtained by 9Wants to Know suggests prosecutors worried they could not obtain a careless driving conviction because they could not prove that Justine Little was not to blame for the crash herself by turning in front of Linnebur's truck. In addition, Little's bike did not have a headlight as required by law.

The letter also appeared to indicate an evidence-gathering problem, as had been asserted by the Little family.

"Since no photos were taken looking out of the windshield and the vehicle was released the night of the accident, we cannot prove that the windshield was so obstructed with mud that it was 'careless or imprudent' to drive without first cleaning it," the letter read.

State Patrol spokesman Sgt. John Hahn declined to discuss the decision letter, saying he did not want to interfere with prosecution of Linnebur's traffic tickets.

Hahn says he stood by earlier comments that the evidence collection was done properly.

The State Patrol says inaccuracies in the initial crash report would be fixed in the final report presented to prosecutors.

The State Patrol and prosecutors say that final report will not be made public until Linnebur's traffic tickets are resolved.

"It seems like they've taken all this time to protect themselves, to justify what they came up with that very night and what they released to the press," Curtis Little, Justine's father, said.

A news release from the Colorado State Patrol after the crash indicated the teenager was to blame for the accident.

Linnebur, who may face a civil lawsuit from the Little family, expressed sympathy for the family but said his attorneys had instructed him not to speak publicly.

"I'd like him to understand he has, in a lot of ways, destroyed my life. I know it's not on purpose, but our daughter was our life," Curtis Little said.

"Lots of things have been taken when your only child is taken away," Renee Little, Justine's mother, said.

"Before, you'd find me at the high school, you'd find me at the games," Renee Little said. "I don't belong there no more."

Renee Little says she hoped a misdemeanor careless driving charge would convince Linnebur to realize the impact of his actions.

"I want him to remember her. I want him to know who she is and remember her," Renee Little said. "I don't want her to be forgotten."

To discuss this story or to suggest another story idea e-mail investigative reporter Kyle Clark.