Wisconsin: No criminal charges in crash that killed firefighter; family and friends remain divided over decision

It was a horrible tragedy, but not a crime, the driver who ran into and killed a local firefighter will not be criminally charged in the crash. Volunteer Endeavor firefighter Lawrence Millard was working an accident scene last December, setting out cones along I-39, when he was hit. He later died of his injuries. In announcing today's decision not to charge the driver, Marquette County DA Chad Hendee says he considered terrain of the highway, time of day, the confusing nature of the scene, distractions in the car and surrounding traffic.

Meanwhile, Millard's family and friends are split over the DA's decision. At Endeavor's watering hole, Swampside Bar & Grill, owner Bobbi Jo Pitkin says the news is the talk of the town. "There were a lot of comments, people upset," Pitkin said. "He was just a wonderful person."

Pitkin says Swampside was Millard's last stop before the Volunteer firefighter died, doing what he loved. State Patrol says the driver heard something fall, looked down to see it was his phone. Then, he looked up and slammed on the breaks when he saw emergency crews blocking his lane. Traffic kept him from merging right, so he swerved left to miss the tanker and struck Millard.

"A lot of people think he should have been charged with inattentive driving at the very least." Pitkin said.

Some of Millard's family agrees, but his daughters do not. "He's [The driver] has got o live with this for the rest of his life, and that's the worst sentence anyone could have," Rebecca Timme said. She says she will be able to forgive her father's killer. "Had he been drinking or impaired in some shape or fashion or form, would have a completely different opinion, but he was not, it was something happens as all of us do, I'm driving right now, I could easily drop my phone on the floor and that's what he did." Timme said.

Wisconsin State Police Sergeant Thomas Erdmann agrees with the DA's decision. "You can't say someone is looking forward all the time," he said. "To say that if something happens in the car and you glance down for a second, that necessarily falls in the criminal element of distracted driving, that is quite different than sitting and texting on your phone," Sgt. Erdmann said.

As Pitkin and Endeavor try to cope with a difficult decision. "It's done, it's over with, Larry wouldn't want it that way either," Pitkin said. The driver was ticketed for passing a stopped emergency vehicle and driving too fast for conditions.