An involuntary manslaughter case against Commerce Prof. Michael Atchison was dropped only minutes after it began Tuesday due to a lack of evidence concerning the victim's cause of death.
Without testimony from medical personnel verifying that 29-year-old Charlottesville resident Yu Ching Yeh's death was caused by Atchison's failure to stop at a red light, further hearings could not proceed and the charges were dropped at the request Albermarle County Commonwealth Attorney James Camblos.
Confusion leading to Tuesday's dismissal began at the scene of the accident, April 9, 2002, when Atchison's car, traveling at 55 mph, collided with a vehicle driven by Yeh.
Atchison testified that he had fallen asleep, causing him to run the red light.
At the time, police considered the incident a simple traffic accident and did not request further medical examination or autopsy.
Atchison's attorney, David Heilberg, said the case was not originally considered manslaughter.
"While everyone considered it a terrible traffic accident, nobody thought it would be prosecuted at the time," Heilberg said.
Later, when charges were pressed, Camblos failed to subpoena a medical witness, and proof of Yeh's cause of death could not be verified.
Camblos said that he assumed the cause of death would not be questioned.
"Her neck was snapped," he said, noting that an eye witness was very doubtful about Yeh's survival after the accident.
However, Heilberg said that other causes of death were possible, including an existing medical conditions.
Cheryl Higgins, co-counselor for Atchison, said in a preliminary hearing, a detective testified that Yeh had died on impact, but that she read in a police report that Yeh had a pulse after the accident, and underwent surgery at the hospital.
Even if the case had continued, both Heilberg and Higgins said they were confident that Atchison would have been found not guilty.
Heilberg said after the accident, Atchison was found to have a minor sleeping disorder, previously unknown to him, which had caused the accident.
Before the incident Atchison had never accrued a traffic offense.
Camblos said that Yeh's husband, Kuo-Chan Chan, who witnessed the accident while walking his dog, was not upset with the County Attorney's office.
"He was very understanding," Camblos said. "He was grateful that we had undertaken the case."
Higgins said Atchison was genuinely remorseful for Yeh's death.
"In the civil suit, he didn't contest his liability," Higgins said. "He admitted he was at fault, and was willing to compensate Yeh's family."
Camblos took full responsibility for the testimonial oversight, and repeatedly apologized to the court and to the victim's family.
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