'Will justice be served?'

Family's hopes for criminal charges hinge on DA's decision

District attorney Bonnie Roesink will meet with her staff today to possibly determine whether to file more serious criminal charges against a defendant who reportedly was under the influence of methamphetamine during an automobile crash that killed a Craig man.

Hinging on the district attorney's decision are the hopes of a local family seeking a stiffer penalty against the defendant, Morrison resident Dustin Lund.

"When you believe in something, and you believe it's right, you fight for it," explained Kathy Oberwitte, sister to the fallen Craig man, the late Michael Bailey. "I'm not going to back off until Bonnie files the appropriate charge."

Bailey died in February from injuries sustained in a two-vehicle crash on U.S. Highway 40, about a mile east of Hayden. He was 42 years old.

A delivery truck driven by Lund collided with Bailey's Ford pickup after Lund fell asleep, and his vehicle drifted into the westbound lane, striking Bailey.

Lund reportedly tested positive for methamphetamine after the crash.

He was charged in Routt County with careless driving resulting in death, a misdemeanor. The case was scheduled for disposition last week, but the charge against Lund was vacated so the case could be re-evaluated.

Bailey's family is lobbying the district attorney's office to file vehicular homicide charges.

"We've asked for what is right and what should be done," Oberwitte said. "We've gotten way too many excuses from the district attorney's office.

"We don't want to see Dustin go to jail for the rest of his life, but he does have a debt to pay. ... We didn't expect this, but we want justice done."

When reached by telephone Thursday, Roesink did not say whether a decision would be reached during Friday's staff meeting. Oberwitte said Roesink agreed to contact her Friday regarding the meeting's outcome.

Oberwitte said her fight for justice is made easier because she's protecting the interests of her brother -- the son he left behind, Jordan Bailey.

"They treat this like its just another fatality and it's not," she said. "(Jordan) is the biggest victim. The reason why I'm being so forthright is out of love and respect for my brother and his son.

"Tomorrow is a huge step. We'll find out what we want to know -- will justice be served?"

Joshua Roberts can be reached at 824-7031, ext. 210, or jroberts@craigdailypress.com.

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