No charges yet in teen cyclist's death

ALLEGAN, Mich. (WOOD) - Prosecutors are waiting for more evidence before they decide on charges after a Tuesday night crash in Allegan County that killed a 14-year-old bicyclist.

Investigators consider it a tragic yet complicated case: One involving a driver who they believe was drinking before the crash and a teen who was weaving into traffic and moved directly in front of the truck before the collision.

James Barnette calls it hell.

"I wish this on no enemy I've ever had. This isn't right," he said.

Barnette first figured something wasn't right when 14-year-old Troy Tolan didn't come home on time Tuesday night after a bike ride. The boy Barnette says he considers his stepson was always on time.

So, Barnette said, he and his fiancee -- the boy's mother -- started calling Troy's phone and looking for him. They came upon the scene on 142nd Avenue, just west of Dorr and near 20th Street. But the 14-year-old boy taken from the scene was not carrying identification.

Finally, Barnette said, someone did pick up one of the calls to Troy's phone, saying something about Spectrum Butterworth. Barnette called the hospital.

"I just made her tell me, yes or no, is he with us," he recalled. "And she said no."

Troy, Barnette said, was a creative, smart teen who was ready to start high school in the fall and pursue his dream to be a professional musician.

"He's going to be missed."

Investigators are still looking into the crash.

Allegan County Sheriff's Lt. Frank Baker said crash reconstructionists will determine, among other things, how much time the driver had to avoid the crash.

One key question: Could the driver have avoided the teen? And if so, did alcohol diminish his ability to do that? The driver could face drunken driving charges even if that behavior did not cause the crash.

The Allegan County prosecuting attorney told 24 Hour News 8 he's waiting for an autopsy for an official determination on what exactly killed the 14-year-old. He said he's also waiting for tests to more definitively show how much alcohol was in the driver's system.

That approach does make sense to Barnette.

"We want to make sure," he said. "Because if the gentleman's not at fault, then he's not at fault. But if he is, then he should be dealt with."

A celebration of Troy's life has been scheduled for 1 p.m. to 4 p.m. Saturday at the American Legion Post in Caledonia, Barnette said. A memorial service will take place there at 2 p.m.

In lieu of flowers, he asked that memorial contributions be given to the family to help with expenses.