Scott Williams, swilliams@wolfrivermedia.com
Leader Photo by Scott Williams A roadside memorial created by family members marks the spot where David Hawpetoss was found dead July 25 along Old South Branch Road.
Menominee tribal prosecutors said Friday they will not charge the suspected motorist involved in a hit-and-run accident that left a pedestrian dead last summer.
David Hawpetoss, 48, was pronounced dead at the scene July 25 after being struck by a car late at night on Old South Branch Road on the Menominee reservation.
The alleged driver later told investigators he had been drinking and was looking at a cellphone. He left the scene of the accident, he said, because he was unaware that his vehicle had struck a pedestrian.
In announcing Friday that no charges would be filed, tribal prosecutor Scott Wilson said, “I have not found enough evidence to support a charge beyond a reasonable doubt that would lead to a conviction.”
Federal prosecutors had earlier ruled out charges and declared that there was no criminal intent on the part of the motorist.
Hawpetoss family members expressed disappointment Friday, saying they have hired a private investigator in hopes of turning up new evidence that could prompt authorities to reconsider the case.
“Hopefully we’ll be able to prove them wrong,” said Jill Johnson, the victim’s mother. “I don’t think this was justice at all.”
Tribal prosecutors have assured the family that a statute of limitations would not expire for three years and that any new evidence could be considered.
No investigative reports in the case have been released yet by the FBI, the Menominee tribal police or the Menominee County medical examiner.
According to a report released by state police who reconstructed the incident, Hawpetoss had been drinking that night and was lying in the roadway about 4 a.m. when a 2004 Chevrolet Malibu struck him. The driver, who was located three days later under circumstances that have not been disclosed, told investigators he had consumed “seven or eight beers” on the night of the accident.
Regarding the collision itself, investigators reported that the driver “made varying statements regarding seeing a body lying face down, to seeing an unidentifiable object, and not seeing anything prior to hearing and feeling something strike the bottom of his vehicle.”
The Shawano Leader is withholding the suspected motorist’s name because he has not been charged.
Hawpetoss, a Menominee tribal member who lived in Gresham, was found injured along the road by passersby and was pronounced dead a short time later.
His sister, Jolene Hawpetoss, said Friday she questions why prosecutors have not charged the driver with leaving the scene of an accident or driving under the influence or inattentive driving. She expressed suspicion about the veracity of the police investigation.
“It’s an insult to my brother,” she said.
Wilson declined to comment on his decision not to pursue charges.
Menominee Tribal Chairwoman Joan Delabreau said she stands by the prosecutor’s decision, although she expressed sympathy for the Hawpetoss family. Delabreau said she hopes the prospect of new evidence turning up later represents a “glimmer of hope” for the family.
“Is justice served at this time?” she added. “Maybe justice is delayed.”