ATLANTA - Atlanta Thrashers hockey player Dany Heatley probably won't spend a day in jail for wrecking his Ferrari and causing the death of teammate Dan Snyder, legal experts said Monday. <br>
<br>
Because Heatley wasn't drunk and Snyder's relatives say they forgive him, prosecutors may decide the car crash was just an accident, with no need to pursue felony charges and sentences ranging from three to 15 years. <br>
<br>
``If the family says that they do not want to press charges, and if there are no drugs or alcohol involved, there's a good chance that the state will not prosecute or that they will work out some sort of plea agreement,'' said Camilla Watson, a criminal law professor at the University of Georgia. <br>
<br>
Heatley's attorney, Don Samuel, said it still isn't clear whether a case against Heatley will go forward. <br>
<br>
Heatley's prosecution will depend on the accident investigation, Samuel said. It's unknown exactly how fast Heatley was driving, what caused the accident or if there was a defect in the road or car. <br>
<br>
``I don't know that any sentence at all is appropriate because it isn't determined that he committed any crime,'' Samuel said. ``It's too early to predict what the final outcome would be.'' <br>
<br>
Heatley was charged with felony vehicular homicide when Snyder died six days after the Sept. 29 crash. He also faces four misdemeanors. He is free on $50,000 bond. <br>
<br>
Test results returned Friday showed that Heatley had consumed a small amount of alcohol before the crash. Heatley's blood alcohol content was 0.015, far below the legal limit for drunken driving in Georgia, which is 0.08. <br>
<br>
As Snyder was buried in his hometown of Elmira, Ontario, on Friday, his parents said they don't blame Heatley for his death. <br>
<br>
Those factors could contribute to a decision to let Heatley off the hook, or for prosecutors to grant a plea agreement with a sentence of community service, said Robert Pugsley, a criminal law professor at Southwestern University in Los Angeles. <br>
<br>
``This may be treated as an accident, and I would not be surprised if the district attorney did not proceed,'' he said. ``It's a really tough call, and it depends on the district attorney's determination of if famous people need to be reined in or are getting away with too much.'' <br>
<br>
A key question is how fast Heatley was driving on the two-lane road in Atlanta's Buckhead district, Samuel said. Some reports have put his speed at 80 mph. <br>
<br>
``That's clearly rumor nobody could possibly know he was going 80 mph. My guess is some police officer looked at the car and said, 'My God, this guy must have been going 80,''' Samuel said. ``That's about as unreliable as you can get.'' <br>
<br>
Investigators will look at skid marks and damage to the car to estimate the speed. <br>
<br>
``After we complete the investigation, we will make a decision on what charges, if any, to present to the grand jury,'' said Erik Friedly, a spokesman for the district attorney. ``There's always a possibility that during the investigation it can be determined that charges aren't appropriate.'' <br>
<br>
Heatley, the MVP of the 2003 National Hockey League All-Star game, was injured in the crash and is out indefinitely. Heatley broke his jaw and tore two ligaments in his knee. The team hopes to have Heatley back as soon as he's physically able. <br>
<br>
The Fulton County district attorney, Paul Howard, will have to weigh accusations of reckless driving, the wishes of the Snyder family, public attention to the case and the chances of prosecution, said Mike Paul, president of MGP & Associates, which does legal and public relations consulting. <br>
<br>
``What's the line between recklessness and an accident?'' Paul said. ``Let's hope all of this is just conjecture and the truth is this was simply an accident.''
