People outraged driver who struck and killed couple won't be charged

BEXAR COUNTY, TEXAS -- A day after a couple was killed while riding a bicycle, people are outraged that the driver who hit them probably will not face any criminal charges.

Greg and Alexandra Bruehler were riding a bicycle built for two on the shoulder of Hwy. 16, north of Helotes, Thursday morning when deputies say a man in a pickup veered off the road and hit them.

"He looked off, he was looking at something else and realized the curve in the road came a lot faster than what he anticipated," explained Deputy Chief Dale Bennett of the Bexar County Sheriff's Office.

Both Greg and Alexandra were wearing helmets, but they did not survive their injuries. Alexandra died at the scene. Greg died at University Hospital a short time later. The couple leaves behind their 7-year-old daughter, Kylie.

Dozens of people who have written comments on News 4 WOAI's Web site (woaitv.com) are furious that the driver is not being charged and that deputies are calling it just an accident. It turns out, the Bexar County Sheriff's Office is also dealing with a lot of angry e-mails and phone calls.

Deputy Chief Bennett told News 4 WOAI the office's hands are tied. He said under current law, unless a driver is drunk or high, it is difficult to prove recklessness. And legally, charges can not be filed for "an unfortunate accident."

"Was he texting? Was he on the phone? What was the issue? Why was he distracted? Why did he go off the road? Driver inattention...is basically what it amounts to," Deputy Chief Bennett said. "And there's nothing we can do about drivers not paying attention."

The driver's name has not been released.

"At the scene, he was a wreck," said Deputy Chief Bennett.

According to deputies, even if the driver had been texting or using his cell phone, that would not be enough to file charges against him. The deputies said until the laws are changed, there is nothing they can do.

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