BOWLING GREEN, KY (WAVE) - Kentucky State Police said Trooper Jonathan Biven has not met the threshold to be enrolled in a remedial driver training program, despite two collisions caused by inattention in a 10 month period, including one which killed the oncoming driver.
The initial report from that September accident in Barren County found inattention and lack of control as reasons Trooper Biven crossed the center line and slammed into an oncoming car, killing 33-year-old Nurcan Ceylan.
We did some digging and uncovered: ten months earlier, in November of 2010, inattention and lack of control were also listed as reasons Trooper Biven rear ended a vehicle while reaching for a flashlight that slid under his seat in Glasgow, Kentucky.
We discovered KSP took no administrative action following that first collision. And Tuesday, Barren Metcalfe Commonwealth Attorney Karen Davis said Trooper Biven should not face charges for the fatal accident because inattention alone is not a crime.
"At the current time I am unaware of the possibility of my office being asked to do anything further," Davis said.
Lt. David Jude of the KSP Public Affairs branch in Frankfort said the case does remain open while the investigation continues through the KSP case closure process. Jude said he expects the case will be closed "expediently" but adds "to speak about any final disposition of the recent collision is premature."
David Berman, the attorney for the victim's family, said despite the outcome of the investigation, the family will push forward with the case and pursue civil action.
"The family is deeply upset," said Berman. "This is an extreme tragedy to them."
"The fact that no criminal charges are filed against Officer Biven will in no way stop me from pursing civil justice."
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