11/25/2014

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KATU Investigators

Arrest made in diabetes-related crash that took 11-year-old's life

Arrest made in diabetes-related crash that took 11-year-old's life

HILLSBORO, Ore. – A man who suffered a diabetic episode, lost control of his car and hit a young girl, killing her, was arrested Friday afternoon.

David Herman will face charges of second-degree manslaughter and reckless driving in connection with the April 4 crash that left 11-year-old Kylie Hornych dead, according to a prosecutor. The girl was hit while standing outside her home at Southwest 160th Avenue and Farmington in Aloha.

A grand jury indicted Herman on Thursday.

His bail is set at $250,000.

The girl's grandmother, Carolyn Duffy, said she does not come from a place of vengeance, but does feel that Herman's arrest is appropriate.

"Whatever happens, nothing will bring Kylie back, " she said. "So it's just some satisfaction that he's been held accountable for - for his negligence and his recklessness and his carelessness."

Last month, prosecutors decided not to file criminal charges against Herman. They bought his story when he told a detective that he had never before had issues with driving and his blood sugar. But when KATU started digging, we found evidence to the contrary. 

Investigative documents obtained by KATU News early on in the investigation showed that Herman had told detectives that he had a good history of managing his diabetes and had only passed out one other time while working in the yard. As far as his blood sugar as a diabetic, he told an investigator "he has never felt low or off while driving."

But we found additional documents from August 2007 that showed Herman had some kind of illness or blackout related to his diabetes, which caused him to crash into a tree on Northwest Science Park Drive in Washington County. In that case, the police report stated that he told a deputy he was diabetic. The deputy didn't write Herman a ticket but told him to stop and eat something the next time he began feeling ill.

KATU News made the Washington County district attorney aware of the previous crash, which prompted the district attorney and the sheriff's office to reopen the case.
 
"As far as the previous crash, the investigator, the initial investigator, did run Mr. Herman's driving record and this information, for some reason, did not make it all the way up to the district attorney," said Sgt. Bob Ray, spokesman for the Washington County Sheriff's Office. "And I truly want to thank you for getting this information up to our attention."

Ray told us the investigator only looked at Herman's driving record electronically and that he didn't know if the 2007 crash showed up in the record investigators saw. But what is known is it never made it in written form for the prosecutor to review.

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