The Johnson County District Attorney's Office declined to charge the driver with involuntary manslaughter in the July 6 crash that killed Michael Wayne Porter, the Prairie Village Police Department announced Sept. 9. The case did not meet the statutory requirements for the charge, according to the department's news release reported by the Johnson County Post.
The driver will instead receive a municipal traffic citation. The case will be handled through Prairie Village Municipal Court.
Police have not released the driver's name. The driver will face a municipal traffic citation for inattentive driving.
What happened on July 6
An eastbound SUV struck Porter, a construction worker from Kansas City, Kansas, as he worked along 79th Street near Ash Street just after 11 a.m. on Monday, July 6. Porter was rushed to a hospital in critical condition.
The crash closed 79th Street for several hours. The road reopened around 4:30 p.m. that day, KCTV5 reported.
The driver remained at the scene and cooperated with the investigation, according to Prairie Village Police.
A memorial at the crash scene indicated Porter died July 16, according to the Johnson County Post. Prairie Village Police announced his death in a separate July 20 update. Capt. Josh Puthoff said at the time that no charges had been filed and the crash remained under investigation by the department's traffic unit.
Why the DA declined charges
Prairie Village Police referred the case to the Johnson County DA's Office for review on whether it could be charged as involuntary manslaughter. Under Kansas law, involuntary manslaughter requires prosecutors to prove the driver acted recklessly, meaning they consciously disregarded a substantial and unjustifiable risk of serious harm. That is a higher bar than ordinary negligence.
The DA's office determined the case did not meet that standard. Neither the DA's office nor Prairie Village Police have explained publicly what specific facts led to the decision.
KMBC reported that police did not share the exact circumstances of the crash.
Family seeks support
A GoFundMe campaign organized by Pat Mulvany to support Porter's widow, Deborah Porter, had raised $10,900 of its $12,000 goal as of Sept. 9. The campaign page describes Porter as "a devoted husband to Debby" and says his widow faces financial uncertainty without his income.
A celebration of life for Porter is scheduled for Sept. 19, at Wyandotte County Lake Park, Shelter House 14.
Residents with information about the crash can contact the Prairie Village Police Department at 913-642-6868.
