A Suffolk County Grand Jury decided not to indict a truck driver, Ricky Prezioso, 41,
who was initially charged with leaving the scene of an accident that caused the
death of a bicyclist. The accident occurred in Charlestown on Cambridge
Street where a bicyclist traveling in the bike lane was struck by the back of a
trash truck at a corner while the truck was taking a turn. The truck driver
claims not to have seen the biker and claims that he thought the impact was a
pothole that he must have run over.
Although initially charged by the police and the prosecutor in Charlestown district court, for a case to be indicted, which then allows the case to go to Superior Court, it either must be true billed by a grand jury or through a probable cause hearing in court in which a judge finds probable cause to believe that a crime has been committed.
Probable cause hearings are very rare in Massachusetts, the prosecutors do not wish to present testimony and face cross-examination in such an early stage in their case. Most cases that are brought to Superior Court go the route of being indicted by grand jury; the grand jurys across the state are notoriously delayed and take a long time for cases to be
processed. A backlog exists because this is the only manner in which the
District Attorney's Office takes cases to Superior Court.