MARION, Ind. -- A Marion family says they are planning a wrongful death lawsuit after no charges were filed in connection with a deadly crash that killed an 18-year-old.
Payton Rogers died on May 11 after her Pontiac Grand Am collided with a Ford Fusion police car that was headed to a call.
"It's a terrible shame. My daughter was my best friend," Brandy Rogers said.
According to Indiana State Police, Officer Brian Davis was driving westbound on Third Street with his siren on when Rogers ran a red light and pulled into his path.
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Payton's mother says that can't be right.
"This looks like negligent homicide to me. I viewed the dash cam with the chief of police, the chaplain and three other officers. And there we no sirens," Rogers said.
Marion police say you wouldn't be able to hear the sirens on the dash cam video
On May 25, state police said no charges would be filed because evidence showed the police car had its emergency lights and siren on, and that the officer also had the right of way with a green traffic light.
Investigators say the Payton's Pontiac proceeded into the intersection despite having a red light.
"Shame on all of you. Because I know that many of them have to be parents. And if this had happened to their child, I bet we would see a very different outcome," Rogers said.
RTV6 requested the dash cam video from that night, but Marion police say they are not going to release it.
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