Hit & run victim may press charges

BUFFALO, N.Y. (WIVB) - ORIGINALLY PUBLISHED OCTOBER 9, 2008

A woman from Ontario, injured in a Buffalo hit and run accident on May 31, 2008, is laying the groundwork for a possible lawsuit. Her attorney is asking the court for access to all information on the Marshawn Lynch investigation.

With the criminal investigation into the hit and run accident involving Marshawn Lynch's sport utility vehicle about to wrap up, attorneys for the victim are pushing forward with their own investigation.

Kimberley Shpeley's attorney Timothy O'Connell said, "Our investigation has gone forward in an informal manner, developing as much information as possible, but now we've come to a little bit of an impasse."

O'Connell says that impasse means he can now ask the courts for help.

O'Connell said, "...saying that we need help in developing additional information to help us investigate a case, and potentially frame a complaint if a case is going to be brought."

He says while the owner of the vehicle can be charged civilly regardless of whether or not they were driving, it would certainly help to have that issue resolved by the district attorney.

O'Connell says the two men believed to be in the Porsche, Marshawn Lynch and Steve Johnson, could be forced to testify by a court order.

O'Connell said, "That's part of the information that's going to be sought in the pre-suit disclosure, where they were before hand, what they were doing, who they were with."

And O'Connell says they're hoping to determine whether any of the bars could be held liable if they served Lynch too much alcohol.

O'Connell said, "In any case, it's always best to have what's called direct evidence. We don't have that. In this case the automobile was not pulled over immediately by Buffalo police; a breathalyzer administered to the operator of the car. So what we have to do is we have to do it by circumstantial evidence."

Lynch's attorney confirms he will return to Buffalo this week to finalize the plea deal that has been discussed.

He says he hopes to have the criminal matter wrapped up by Friday.