ST. GEORGE — At the request of the Knox County District Attorney Geoffrey Rushlau, there will be an informational meeting at the St. George Town Office Thursday, March 6, at 7 p.m., concerning the crashes in Port Clyde on Aug. 11, 2013. Nine-year-old Dylan Gold died from injuries that Sunday afternoon, and last month Rushlau issued a decision not to charge the driver whose car set off a chain of devastating crashes.

Ruschlau said Feb. 6 that the evidence available is insufficient to prove that Cheryl Torgerson acted with criminal negligence on the afternoon of Aug. 11, when the car she was driving struck several vehicles on pier at Monhegan Boat Landing and caused the death of Dylan Gold. The same crashes caused serious injury to Dylan’s mother, Alison Gold, and to Jonathan Coggeshall, of Port Clyde. Also injured was Dylan’s younger brother, Wyatt. 

“This decision is based upon the evidence available now,” Rushlau wrote in his statement. “If new evidence showing criminal negligence is discovered the case, like any case, can be reviewed again.”

The March 6 meeting is an opportunity to learn more about both Rushlau's decision to not criminally charge Torgerson, and how fatal crashes are evaluated in general for possible criminal prosecution, according to the meeting’s announcement issued by the Knox County Sheriff’s Office.

Sheriff Donna Dennison, Chief Deputy Tim Carroll, and lead investigator Sergeant John Palmer will also attend the meeting.

Rushlau’s report is as follows:

February 6, 2014

On August 11, 2013, an automobile operated by Cheryl Lynn Torgerson, age 61, struck several vehicles and a building in the ferry terminal area of Port Clyde.  The series of crashes caused the death of Dylan Gold, age 9.  The crashes also caused serious injury to Dylan’s mother, Alison Gold, and to Jonathan Coggeshall of Port Clyde, as well as lesser injuries to Dylan’s brother Wyatt Gold, age 6.  Officers from the Knox County Sheriff’s Department and the Maine State Police investigated the August 11 crashes and their reports have been reviewed by the Knox County District Attorney’s Office.  District Attorney Geoffrey Rushlau has concluded that there is not sufficient evidence at this time to prosecute Cheryl Torgerson for any criminal offense resulting from her conduct in Port Clyde on August 11.

FACTUAL BACKGROUND

Cheryl Torgerson left her home in New York City early on August 11 and drove a 2007 Infiniti sedan to Port Clyde, making several brief stops.  She intended to take the 3:00 p.m. ferry to Monhegan Island.  She arrived at the terminal area at about 2:30 p.m.  She stopped completely and remained in her vehicle a short distance north of the wharf.  The vehicle was on a downgrade.  Another vehicle, a Honda Pilot, was stopped ahead of her while its operator spoke to the parking attendant.  Torgerson’s vehicle then began to move forward.  The investigators obtained statements from numerous witnesses about what happened during the next few seconds.  Critical information was also obtained from the airbag module in Torgerson’s vehicle.  The module receives data continuously, but preserves data only when the airbag is inflated (deployed).  Data was preserved, and reviewed by the investigators, from seven seconds before deployment to six seconds after deployment.  The data recorded was vehicle speed, engine RPM, throttle pedal position, whether brakes were on or off, and steering angle. (Footnote: The State Police reconstructionist reported the data in chart form, with each second on the chart showing the five types of data.  The data is created continuously and quickly, in microseconds rather than in seconds, and for each one second portion of the chart events are not necessarily simultaneous.  They may have occurred a fraction of a second sooner or later.  The chart is accurate but is also a summary of a continuous stream of data.)

During the first several seconds the brakes were on and the throttle pedal was partly depressed, 33% or less.  Approximately four seconds before airbag deployment the brake pedal indication changed from on to off, and the throttle pedal position changed to 100%.  The brake pedal stayed off after that point, and the throttle pedal remained at 100% for all but one second of the remaining time recorded.  The initial movement down the grade was slow, 4 to 5 mph.  The Torgerson vehicle struck the rear of the Honda Pilot, spinning it around.  During the seconds immediately before airbag deployment vehicle speed and engine RPM increased rapidly.  Speed increased, as reported in one second intervals, to 4 MPH, to 5 MPH, to 10 MPH, to 13 MPH, to 22 MPH, and was at 31 MPH on deployment.  Deployment was most likely a result of impact with the terminal building.  The vehicle continued down the side of the terminal, striking and severely injuring Jonathan Coggeshall.  The vehicle then struck a series of vehicles parked on the wharf.  Vehicle speed had dropped immediately after deployment to 17 MPH, then increased again to a maximum of 32 MPH three to four seconds after deployment.  Allison Gold and her sons were injured during this series of collisions with the parked vehicles.  Dylan’s injuries were the most severe, and he died a short time later.

 Witnesses who responded to the crash heard Torgerson say that she did not know what had happened. One witness heard her say that the accelerator “went.”  Sergeant John Palmer of the Knox County Sheriff’s Department spoke to her at the scene.  She told him that the car suddenly accelerated as if the pedal was stuck to the floor.  Her written statement repeated this, stating that the pedal was “jammed.”  She told the officer that she could not remember if she used the brake.  She said that after the sudden acceleration the rest was a blur.  Torgerson agreed to provide a blood sample, which was obtained at Pen Bay Hospital.  The alcohol test result was 0.00%.  Officers saw no signs that she had used or was under the influence of any substances.  She showed no signs of injury or illness.

The Infiniti was examined by Maine State Police accident reconstructionist Christopher Rogers.  He found no indication that throttle pedal movement was obstructed, by carpeting or anything else.  He determined that the pedal was not connected to the engine by a cable or any other mechanical linkage.  It operates electronically.  He was able to start the engine of the vehicle and found that depression of the pedal accelerated the engine.  He did not find any vehicle defects which could have caused the sudden acceleration.  He learned that the car had been serviced and inspected in July, 2013.  Trooper Rogers also determined that this model of vehicle is equipped with an override system.  If braking is applied the throttle is overridden and the vehicle will not accelerate even with the throttle pedal depressed.  Trooper Rogers drove a similar vehicle and found that the brake override system functioned properly at various speeds from 10 MPH to 40 MPH.

Trooper Rogers summarized the results of his investigation as follows:  “…I do not have a conclusive reason as to why Cheryl Torgerson accelerated her vehicle onto the Monhegan Boat Lines pier.”

ANALYSIS AND CONCLUSION

Cheryl Torgerson was the operator of an automobile on August 11, 2013 when the sudden acceleration of that vehicle killed a child and seriously injured two adults.  Operation of a vehicle so as to cause death can be prosecuted as the crime of Manslaughter.  Operation of a vehicle so as to cause serious bodily injury can be prosecuted as the crime of Aggravated Driving to Endanger.  Each of these crimes requires the state to prove beyond a reasonable doubt that the driver acted with at least criminal negligence.  This term is defined in the Maine Criminal Code.  The definition is as follows:

 “…the failure to be aware of the risk [here, that the driver will cause either a death or a serious bodily injury], when viewed in light of the nature and purpose of the person’s conduct and the circumstances known to the person, must involved a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.”

District Attorney Rushlau has concluded that the evidence available at this time is not sufficient to prove that Cheryl Torgerson acted with criminal negligence.  Although some witnesses reported that her vehicle sped into the terminal area from the direction of Route 131, other witness accounts and data from the airbag module show that the vehicle was completely stopped just north of the terminal.  She was on a downgrade when her vehicle began to move slowly toward a vehicle which was stopped in front of her.  As the movement began her brakes suddenly went from on to off and the throttle pedal went to 100%, full depression, and stayed there.  During the span of fewer than five seconds which followed, the Torgerson sedan struck the vehicle to her front, and struck the terminal building, triggering airbag deployment.  The fatal injuries to Dylan Gold, and the severe injuries to Allison Gold and Jonathan Coggeshall, all occurred in the short period, approximately four seconds, which followed airbag deployment.  Whether Cheryl Torgerson’s conduct establishes criminal negligence most be evaluated only in terms of what happened in the few seconds before and the few seconds after airbag deployment.  The evidence available at this time is not sufficient to prove beyond a reasonable doubt that her conduct meets the standard of criminal negligence required for prosecution of a criminal case.

This decision is based upon the evidence available now.  If new evidence showing criminal negligence is discovered the case, like any case, can be reviewed again.

This decision has been discussed with Mr. and Mrs. Gold and with Mr. Coggeshall.  We understand their disappointment.  The Golds have suffered a devastating loss.  Mrs. Gold and Mr. Coggeshall were severely injured and after six months have not fully recovered.  Were there sufficient evidence to show that Cheryl Torgerson is criminally responsible for Dylan’s death and for severe injuries to Allison Gold and Jonathan Coggeshall, a case would be prosecuted to the fullest extent possible.  At this time, there is not that level of evidence.

Related stories

• Boy dies in Port Clyde as car careens down hill, crashes into people and cars

• Investigation of horrific accident continues

Editorial Director Lynda Clancy can be reached at lyndaclancy@penbaypilot.com; 207-706-6657