Oh, for Pete's sake.
Here it is:
Yep, those guys.
Very very sorry for the death of your child, prayers to all who are hurting.
As far as the legal aspect, to quote: "In American jurisprudence at least, a private citizen lacks a judicially cognizable interest in the prosecution or non prosecution of another."
"Prosecutorial discretion" is the doctrine/law that allows a Prosecutor/District Attorney, to decide if charges are filed or not.
Thank you to everyone's response.
What other facts would the prosecutor need to know for an involuntary manslaughter charge?
The investigator for this case won't send this to a prosecutor. I asked him the questions about a Vehicular Homicide or Involuntary Manslaughter charge, he only told me why he's not charging the other driver with Homicide and completely skipped over the question of Manslaughter. That's why I am here, on this site. To find out if this situation would qualify for anything other than a traffic citation. To see if anyone could be held responsible for my child's death.
If you are looking for a statute or a case law or a regulation that you can invoke that will force the state to prosecute, there isn't one. Even if you are able to apply the facts and say, "Here! This meets the definition of Manslaughter", it is still up to the DA's office to decided whether to prosecute for it or not.
You get to decide whether to file a wrongful death suit. The DA's office gets to decide whether to criminally prosecute.
Just thought I'd add a couple of cents to the discussion in way of an explanation. You mention that no toxicology was done because there was no odor of alcohol. Likely there was also no indication of impairment. Absent impairment such that an arrest based upon probable cause could be justified, no chemical test can be mandated. An at-fault party in a collision - even fatal - cannot generally be compelled to take a chemical test. There are some exceptions for commercial drivers in most if not all states, but not for private parties.
And as was mentioned, while it is theoretically possible for manslaughter charges to be filed in this instance, it has been my experience that few DAs will file such charges absent some egregious action in conjunction with the unlawful act. If you have not done so already, perhaps you can communicate with the prosecutor's office and find out whether they have made a decision for such charges. If this was an inc ident that happened only recently, it could well be that no report has been forwarded to the state's attorney just yet so no evaluation has yet been made.
Again, so very sorry for your loss.
Retired Cal Cop Sergeant & Teacher
Walk humbly with your God
-- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
We have no way of knowing what might persuade the prosecutor to file charges despite the police not referring the matter. You can contact the prosecutor's office and ask for a meeting to discuss.
There are support groups for parents that have lost children. Do you have any in your area ? Losing a child is a life altering experience. I understand your anger. But anger is like a cancer. It will eat you alive. Please either find a support group or get in counseling. Turn your anger and pain into something positive. Do it in memory of your child. Be kind to yourself.