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Citing lack of evidence, the State's Attorney for Prince George's County said he will not prosecute the Prince George's County police officer involved in a fatal collision with a Bowie man in December 2007. The officer will only receive a speeding ticket instead.

"We could not prosecute for vehicular manslaughter because we did not have evidence of gross negligence," said Glenn F. Ivey (D), the county state's attorney. "Speeding alone is not enough to prosecute someone under the law."

Brian Gray, 20, was killed when the police car driven by officer Mario Chavez, 30, struck Gray's car while he was pulling out of an intersection. A police investigation placed the blame of the accident on both drivers, concluding that Chavez was driving 50 mph in a 25 mph zone and that Gray pulled out in front of Chavez's car.

In a deposition, Chavez said he had several drinks the night before and fell asleep at a friend's house. He was on his way home to change into his police uniform before going into work when the accident happened at about 7 a.m.

Ivey said Maryland law makes it difficult to prosecute for vehicular manslaughter based on just speeding alone. Another factor, such as racing or intoxication, would have to be included as evidence to meet the standard for gross negligence and enable the state to go forward with prosecution. Driving impairment due to drugs or alcohol, willful disregard for the safety of others, or racing a vehicle could all be examples of gross negligence, said state's attorney's spokesman Ramon Korionoff.

The decision not to prosecute was made because there was no observation of intoxication on Chavez's part reported by officers on the scene and not enough evidence to meet the standard for gross negligence, Ivey said.

Cases such as Chavez's or the case involving police officer Scott Campbell, who was involved in a massive Beltway pile up that killed two people in Forestville in May 2007, are difficult to prosecute, not because they involve police officers but because of the high state standards to prove negligence, Ivey said. He hopes that in the General Assembly's legislative session, which begins in January, lawmakers will work to lower the standards for prosecution. He is currently working with Montgomery County Del. Luiz Simmons (D-Dist. 17) on legislation for the upcoming session.

Chavez was not charged with any offenses in this case. According to information in the deposition, he is back on duty working in southern Prince George's County. Neither he nor Shelley Johnson, a county attorney representing Chavez, could be reached for comment.

Gray's family has filed a $2 million wrongful death suit against Prince George's County and Chavez that is pending. The Gray's attorney, Dana Paul, did not return calls for comment.

E-mail Andrea Noble at anoble@gazette.net.