ST. GEORGE — “I meant to take it to the community of St. George. I am pretty astonished that it turned into a media thing and that was not my intention at all.”

So spoke Knox County District Attorney Geoffrey Rushlau following a public informational meeting in the St. George Town Office Thursday evening, March 6. Rushlau stated his reasons for not prosecuting Cheryl Torgeson, of New York City, for the Aug. 11, 2013 series of crashes in Port Clyde that claimed the life of 9 year-old Dylan Gold and injured several other individuals.

Approximately 65 peninsula residents filled the town office space, most of them with questions and looking for some closure. 

But closure is not coming easily to a big-hearted community. The residents’ questions, though answered honestly and logically by Rushlau, failed to calm anger the community is holding, and the opinion that the driver should have been charged with a crime.

Rushlau’s own heartfelt attempt to answer questions illustrated a desire to help put the rest to the matter. Knox County Sheriff Donna Dennison and Sergeant John Palmer, the investigating officer for the Aug. 11 crashes, were on hand to lend support and help answer questions posed during the period.

“Most of cases that I’m involved in evaluating have a big effect on a person or on several people, maybe even a family, but not an effect on a whole community and this seems to have had a big effect on a whole community,” said Rushlau. “Something I don’t encounter very often. I wish there was a different decision I could have made, but it would be irresponsible if I did make a different decision and it might even be unethical.”

Ruschlau said Feb. 6 that the evidence available was 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 was characterized as 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.

At the meeting, Rushlau focused on proving criminal intent. In the end he said there is insufficient evidence based on information obtained by the Knox County Sheriff’s office and the Maine State Police to prove criminal intent beyond a reasonable doubt in a court of law. 

Residents questioned why Torguson’s blood was tested for alcohol, but not for drugs. Rushlau explained there is not a laboratory in Maine that tests for drugs in blood. Those have to be sent to lab in Maryland and agencies must request specific drug tests. Torgeson’s blood tested 0.00 percent for alcohol, while Palmer and Pen Bay Medical Center reported no indication that she was under the influence of anything, Rushlau said.

Rushlau said Torgeson’s car was at a complete stop before the accident. He said he could only take into account the events that took place after the car started moving again.

Rushlau fielded questions for 90 minutes, citing law, precedents and enforcement actions in the attempt to address the underlying sentiment from the crowd that justice were not done.

“Maine law is very specific on what criteria must be met to bring forth a charge of manslaughter,” he said. “I could not meet that criterion.”

After the meeting, Penobscot Bay Pilot asked Rushlau what he hoped those in attendance walked away with.

“Mostly just a clear understanding on what the evidence was and I’m not sure people had that clear understanding up till now,” he said.