Published: October 15, 2008 10:16 am         

Van driver won't be charged, but victim's friends will

The driver of a van that killed a Bristol man in July will not be charged with a crime. However, friends of the victim will be.

According to the Elkhart County prosecutor’s office, Derrick Miller, 23, Bristol, was struck and killed by a van driven by Steven Davis, 37, Elkhart, on July 19 after a confrontation by friends of Miller in the vicinity of Stevens and Dinehart streets on the southeast side of Elkhart.

The police investigation revealed that Miller had been part of a group of people who saw Davis and attacked him, the prosecutor said. Davis was able to get into his vehicle, a van, and begin to drive away. However, he was pursued by another vehicle and other people on foot.

The prosecutor’s office stated that as Davis attempted to leave the altercation, he drove up into a yard, where Miller jumped onto Davis’ vehicle before the vehicle ran over Miller.

“No criminal charges will be filed against Davis, as after review of the police investigation, there does not appear to be sufficient credible evidence to support Davis having the intention to strike and kill Miller,” said Prosecutor Curtis T. Hill in a prepared statement issued Tuesday. “Given the circumstances of the prior attack and continuous pursuit, as well as the general riotous circumstances — including Miller’s own actions — it would be inappropriate to hold Davis criminally accountable for Miller’s death.”

Cletus Miller, Bristol, father of Derrick, said today he had no comment on the prosecutor’s press release.

But the prosecutor went on to say that three others — associates of Miller — will be charged with battery on Davis.

He said charges have been approved and will be filed in Elkhart City Court against Doug Sanders, 22, Stacy Wise, 36, and Tyrone Enboden, 34, all of Elkhart, for battery upon Davis.

The police investigation determined that drugs or alcohol did not appear to be a factor in Davis’ operation of the vehicle. However, drugs or alcohol may have been a factor in the conduct of Miller and some of his associates during the confrontation, Hill’s release said.