Exactly seven months to the day he was involved in a fatal three-vehicle crash on I-40 that killed an 8-year-old Memphis boy, Bill Giannini was ticketed by the Tennessee Department of Public Safety for failure to exercise due care.
According to an investigation Giannini, the former head of the Shelby County Election Commission, caused the fatal accident Dec. 22, 2012 on I-40 westbound in Fayette County when he took his eyes off the road to reach for his sunglasses.
It took the state to ticket Giannini seven months to write Giannini a ticket because the public official was under a criminal investigation.
The Tennessee Highway Patrol wrote the ticket July 22 (view the citation: http://content.foxtvmedia.com/whbq/3019_001.pdf).
The accident killed 8-year-old Quindarious McGhay and injured his aunt and grandmother. The family were returning from Nashville from a Christmas shopping trip.
According to an email from a department spokesperson "this case was turned over to the Shelby County District Attorney's Office. It was not appropriate to place any charges until after the DA's office reviewed the case."
District Attorney General Amy Weirich's office decided on July 8 to not pursue criminal charges against Giannini. Two weeks later THP Trooper Rodney Shaw wrote out the ticket as FOX13 News made inquiries into why Giannini had not received a citation.
Veteran personal injury attorneys say it was surprising to them that any driver, including the Tennessee Assistant Commissioner of the Department of Commerce and Insurance, did not get a citation at the crash scene.
"I don't think it is that big of deal, Greg, because of the fact that he didn't get a ticket is not going to help him when the family the 8-year-old asks him to be responsible for 8-year-old's death," said David Gordon, lawyer.
The toxicology report found no evidence of either alcohol or illegal drugs in Giannini's system when authorities tested him. But the trooper investigating the accident noted in his report the crash was a result of Giannini driving while districted and failed to observe slowed traffic traveling directly in front of him.
Giannini will be in Shelby County General Sessions Court Sept. 24 to face the charge. He could be fined $500.
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