No criminal charges in Phenix City fatal accident, family and at - WTVM.com-Columbus, GA News Weather & Sports

No criminal charges in Phenix City fatal accident, family and attorney react

Sean Rey (Source: Facebook) Sean Rey (Source: Facebook)
PHENIX CITY, AL (WTVM) -

For the first time since the Alabama Attorney General's Office made a decision in the fatal accident of a Phenix City man, we are hearing from his family and the attorney who would have represented the people accused in the hit and run had charges been filed against him.

One of the drivers involved identified in the accident was Forest Duncan. He is related to newly-elected state representative Chris Blackshear. 

Sean Rey's family believes this connection could have played a part in the state's decision to not file any criminal charges. 

Attorney James McKoon says he has known Forest Duncan, also known as "Ford," for more than two decades. He gave legal counsel advice to Duncan after learning his friend could be connected to the death of Sean Rey last year. 

"He was questioned by the police and I told him just to cooperate with them. Answers all their questions and be honest with them and I heard what he had to say. He had nothing to hide.  And he did before he came to see me more as a friend than a lawyer, but as both. I told him we just need to wait and see what happened. That I didn't think charges would be warranted nor did I think they would be brought,"  said Phenix City Attorney James McKoon. 

Sean Rey was riding his bike on Summerville Rd. in Phenix City in April 2015 on his way to work at the Chevron station around 6 a.m.when he collided with the first car and was then run over by a second vehicle. Police identified Duncan as the second driver. 

"He actually thought he hit a trash bag in the road. He stopped at the next traffic light and proceeded to the local library to return a book came back by the same route where the police were working the wreck and had no idea he collided with a human being. If he did he would have stopped," McKoon said. 

Earlier this month, the family of Sean Rey learned the Attorney General's office in Alabama will not file criminal charges in the death of Sean Rey. 

"We want someone to be charged. We want somebody to be held accountable for the death of my brother. Money is not going to bring him back, a civil lawsuit is not going to do the justice that he deserves,"  said Lisa High, older sister of Sean Rey. 

Rey's family believes his family connection and a previous job could have played a part in the state's decision. 

The Russell County District Attorney Ken Davis recused himself from the case in July 2015 citing the fact that he knows and is associated with some of the potential people in the case as one of the main reasons for his recusal.

"The fair thing was done. There was a suspicion or complaint that Mr. Duncan had once worked as a bailiff that somehow would prejudiced the District Attorney in the case," said McKoon. 

"On March 9, it was classified as a tragic unfortunate accident and there will be no charges filed. We feel that somebody needs to be charged. Sean had more than enough reflectors on his bike. Somebody needs to be charged with this and it should not be swept under the rug because of his political connection," said High. 

Rey passed away from his injuries at the hospital two weeks after the incident. 

The Attorney General's office in Montgomery said they did a thorough investigation and the facts do not support any criminal charges. The first driver in the accident was also not charged. 

Lisa High says the family was told the case would go before a grand jury, but the case never made it that far.

The family is thinking of the possibility of a civil trial as the next step in the judicial process.

Click here to visit the Facebook page, Justice for Sean Rey

Copyright 2016 WTVM. All rights reserved. 

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