Prosecutor: Driver charged in pedestrian fatality has no prior OWI convictions.

August 14, 2019

Prosecutor: Driver charged in pedestrian fatality has no prior OWI convictions.


By Allison Scarbrough, Editor.


HART – Contrary to readers’ comments on social media about the suspect in the pedestrian fatality crash last weekend in Crystal Township, Oceana County Prosecutor Joseph Bizon stated that Amber Rae Davis, 28, of Mears has no prior operating while intoxicated (OWI) convictions.

Scott Parsons, 43, of Hart was struck and killed while crossing the gravel section of East Madison Road early Sunday morning, Aug. 11, and Davis has been charged with a felony of OWI causing death in connection to his death.

Parsons was struck by a 2010 Chrysler Town and Country van driven by Davis, who had failed to stop at the signed intersection of Madison Road and 126th Avenue, Oceana County Sheriff Craig Mast said. He died at the scene.

Several Facebook comments were made on Oceana County Press’ articles about the crash, stating that Davis has a history of drunk driving crashes. OCP reached out to Bizon, and the prosecutor disputes those claims.

“Ms. Davis has no record for any OWI in the State of Michigan,” he said. “This is not a third-offense drunk driving. I have searched our records, and my office has no record of Ms. Davis being involved in a traffic violation or crash about the time she was 17.”

Bizon also said that Davis appeared to be a passenger in a drunk driving crash that occurred in 2017. “I am familiar with the event on Feb. 10, 2017. Oceana County Sheriff responded to a one-car crash on North 56th Avenue near 7th Street in Mears.  At the scene, Ms. Davis was unconscious and being treated by emergency medical personnel. At the scene, Ms. Davis’ husband stated she had been driving, so this was the initial report.

“However, he was highly intoxicated at the scene as well. Further investigation drew significant doubt as to his version of events. Witnesses indicated that when they left the bar, he had been driving. The injuries she sustained and he sustained were not conclusive, but more consistent with her being the passenger.

“The investigation was never able to produce evidence to support a charge against her for the crash. The burden of proof for an arrest and charges is probable cause, and to prove a criminal case we must meet the burden of ‘beyond a reasonable doubt.’ In this case, there was clearly doubt as to even the probable cause standard for charging her with a crime. Therefore, this suspect – and she is presumed innocent unless proven guilty in court – has no criminal record for operating while intoxicated.”

Although she has no OWI convictions, Bizon said Davis has traffic misdemeanor convictions of open intoxicants in a motor vehicle and driving while license suspended (DWLS), which is an “all-encompassing charge” that includes driving on an expired license.

“When the court scores her guidelines, qualified convictions score as points and raise the guidelines,” Bizon said. “This does not include traffic misdemeanors.”

Davis faces a maximum penalty of 15 years in prison if convicted of OWI causing death. Her bond was set at $25,000/10 percent.

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