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June 2, 2005
Family frustrated with slow pace on crash caseFire truck hit SUV, killing mom and babyByRecord-Eagle staff writer TRAVERSE CITY - In seconds, Josie Martin's life changed forever when her daughter and infant grandson died in a collision with a Grand Traverse Metro fire truck. But after nearly three months it's still not clear who will determine whether criminal charges will be filed against the fire truck's driver for the deaths of Rebecca Garrisi, 28, and her 11-month-old son, Jesse. Martin said she is frustrated by the delay. "There is no excuse for it to be dragged on like this," said Martin. "Basically, we feel they are playing politics and don't want to touch it because it involved the fire department. We feel the legal system is failing us." The crash occurred March 8 when Cory Carlton, 26, a part-time firefighter, drove through a red light at the Zimmerman and Silver Lake roads intersection in Garfield Township. He was responding to a fire call and struck a sport-utility vehicle driven by Garrisi's husband, Matthew, investigators said. Matthew Garrisi survived, but the family is reeling from the deaths of Rebecca and Jesse, said Martin. "Emotionally, we are doing really bad," she said. "We are very upset and disappointed in the legal system in this county. Something should have been done by now." Grand Traverse County Prosecutor Alan Schneider asked the Michigan attorney general's office to review the case in April after concerns about a possible conflict of interest. The case then was assigned to Leelanau County Prosecutor Joseph Hubbell for review, but Hubbell said in May he would ask for the case to be reassigned to another special prosecutor. Hubbell declined to comment on the record why he asked for a reassignment. Spokeswoman Allison Pierce said the attorney general's office is working with the Prosecuting Attorneys Association of Michigan to appoint another special prosecutor. "We make the order, but they assign the prosecutor," said Pierce. "Now, it is a matter of turning it around. ... There already was a special prosecutor appointed and he declined. It is a matter of going through the process of getting another appointed. "It is not lingering, it is simply still in the process," she said. The Michigan vehicle code of 1949 allows emergency vehicles to proceed past a red signal or stop sign "only after slowing down as may be necessary for safe operation." Grand Traverse County sheriff's investigators said it didn't appear Carlton slowed at the intersection to check for oncoming traffic before striking Garrisi's vehicle. See Related Stories: Leelanau prosecutor to take case of fatal fire truck crash - April 21, 2005 State A.G. to review fire truck collision - April 13, 2005 Fire truck collision is being reviewed - March 18, 2005 Fire truck inquiry to wrap up next week - March 12, 2005 Family shattered by crash - March 10, 2005 Woman dies as result of car, fire truck crash - March 9, 2005
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