But Sakolas continues to refuse to return to the UK to face trial, and her lawyer Amy Jeffries is now arguing that her client will not be criminally prosecuted in the United States for a similar incident.
Sakolas admits she was driving on the wrong side of the road when she hit Dunn in August 2019.
But Jeffress said that would not be enough for a trial in the United States.
“If this kind of accident occurred in the United States, it wouldn’t be criminally prosecuted. So in the United States these cases are only prosecuted when there is evidence of recklessness that rises to a level close to intent, driving under the influence of alcohol, and distraction,” Jeffress told BBC Radio British “BBC”.
CNN legal analyst Paul Callan questioned the attorney’s assertion.
“I don’t think Attorney Amy Jeffries’s statement accurately describes American law. Driving on the wrong side of the road and killing someone in the process could be a criminal offense in the United States,” Callan, a former New York City homicide attorney general, told CNN The Tuesday.
“In recent years, a number of US states have enacted criminal laws that refer to“ killing vehicles. ”These laws make it possible to prosecute driving for negligence in particularly horrific conditions. Driving on the wrong side of the road may fit this category under some laws. “.
Sakolas was charged in the UK with causing the death of 19-year-old Dunn from dangerous driving, but the US State Department rejected the UK’s extradition request.
“We have actually made efforts to resolve this issue, except for her return. We understand that community service is a typical punishment for offenses like this, and we have since offered, over a year now, that she would be willing to serve that kind of sentence and make a contribution to memory. Harry, take other steps to try to bring some peace to the family, “added Jeffress.
Dan’s mother, Charlotte Charles, turned down the offer.
“I made a promise to Harry the night he died that I would get him justice. There are no circumstances in which I would break that promise. You cannot kill someone and turn away. This campaign was about accountability, and she said in a statement on Tuesday that” No one is above the law. “
Robert Buckland, Minister of State for Justice in the United Kingdom, told the BBC’s Today program that the current situation has resulted in a denial of justice.
“The current situation is a denial of justice,” he said on Tuesday. “Instead of talking about which sentence would be appropriate, let’s really deal with the issue of responsibility first.”
“It is very good to see Mrs. Jeffress, whom I deeply respect, finally reaching out to the British public,” a Den Rad Seager family spokesman said in a statement on Tuesday.
“Nevertheless, I would like to encourage her to enter into a dialogue with the Crown Prosecution Service to make sure that Mrs. Sakulas faces the UK justice system. And none of us has this case publicly tried. We have one of the most equitable legal systems in the world and it is vitally important that it not be done. Not only will Harry be served justice, but be seen as an investigator. “
“Ms. Sakolas must give a full account of what happened under oath in court and then leave the matter in the hands of the judge and the jury,” added Saiger.