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HUNTINGTON, W. Va.–A former Cabell County sheriff’s deputy will not face criminal charges in connection with a deadly collision in a Huntington intersection last December that claimed the life of 13-year-old Laney Hudson.
Putnam County Prosecutor Mark Sorsaia, the special prosecutor, in the case, who released a five-page report, said off-duty Deputy Jeff Racer was not negligent. He said Hudson’s death was more about her own actions on the night of Dec. 30, 2022.
“The reason this child died was, in my opinion, overwhelming evidence, she had been drinking that night, along with all of her friends, they got beer and they were drinking, and a lot them smoked marijuana that was laced with K2,” Sorsaia told MetroNews.
K2 is a synthetic substance that further enhances the impairment caused by marijuana, Sorsaia said.
“It really impairs their ability to have reasonable judgment, running around, not controllable,” he said.
An autopsy report shows Hudson’s blood had positive findings of Delta 8 and Delta 9 THC consistent with the use of marijuana and a blood alcohol concentration in her blood.
A video downloaded from Hudson’s cell phone showed group of teenagers running in and around the intersection and saying while in the middle of the street, “We are all messed up.”
The evidence shows, according to Sorsaia, that Hudson and a friend ran into the 5th Avenue and 31st Street intersection. Racer, who had a green light, hit the brakes of the cruiser he was driving but couldn’t stop.
“There were skid marks. He turned sideways and struck Laney,” Sorsaia said.
“We can’t prosecute him unless there’s a wanton reckless disregard for the safety of others and speeding doesn’t work, that’s not good enough to charge him with that,” Sorsaia said. “I’m not even sure I could write him a speeding ticket because we don’t know how fast he was going. It’s a range and it’s an estimated range.”
Sorsaia said he called Racer Wednesday and told him that he wouldn’t be prosecuted.
“I basically told him that in a way I feel sorry for him,” Sorsaia said.
Sorsaia said the facts of the case point toward growing issues in society with younger children getting into things that used to be done mostly by older teenagers.
“What is shockingly upsetting is that we live in a society today where 13-year-old kids can get access to marijuana and alcohol and run the streets of Huntington in a bizarre manner and a have a child run out into the street in front of a car. That’s a problem,” Sorsaia said.
Sorsaia said it’s a sad situation with many victims including Laney Hudson, her family and friends and Racer.
“Because he’s going to have to live with this the rest of his life and I can’t find any concrete reason that he did anything wrong. This is just a horrible story,” Sorsaia said.
Racer, who had been on administrative leave since shortly after the collision, resigned last month.