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Driver may face charges in Easter death Prosecutors will await blood-alcohol results on the Table Rock Road victim before a decision By MARK FREEMAN The driver of a pickup that struck and killed a Central Point man Sunday as he dashed across Table Rock Road with his Easter dinner may face possible criminal charges and a civil lawsuit for his involvement in the crash. Prosecutors have yet to decide whether Ryan Patrick Kelly, 25, of White City, should be charged with any crimes for driving the pickup that struck Michael F. Anstine, 53, on Table Rock Road near East Gregory Road about 3 p.m. Sunday. Anstine, who was walking and carrying a ham dinner bought from the nearby Satin Slipper bar and restaurant, was struck and killed in the middle of the northbound lane right in front of his driveway. Kelly told police he was driving at the 50 mph speed limit and did not see Anstine, who had crossed the southbound lane before being struck by the pickup. Jackson County District Attorney Mark Huddleston said Friday that he will await toxicology reports on Anstine, who witnesses said had been drinking at the Satin Slipper that day, before deciding whether to pursue any charges against Kelly or to close the case. Anstine's blood-alcohol tests will be done by the Oregon State Police crime lab in Central Point, and Huddleston said those results may not be ready for two weeks. Jackson County sheriff's deputies investigating the case chose not to arrest Kelly, nor did they recommend that prosecutors seek an indictment against him for any crimes involving his role in the crash. "The driver didn't commit any infraction," sheriff's Lt. Dewey Patten said. "(Anstine) just walked right out in front of the guy." Anstine's family members, however, are probing whether Kelly's driving contributed to the crash before deciding whether to file a wrongful death civil case against him. The family has hired Medford attorney Kelly Anderson, who said his private investigator was looking into whether Kelly could have avoided hitting Anstine if he had been driving more safely. The severe damage to Kelly's pickup suggests that it may have been traveling faster than the speed limit, Anderson said. Also, the fact that Anstine had crossed one lane of traffic suggests that Kelly should have seen him, and skid marks suggest that Kelly did not brake until after impact, Anderson said. "There may be nothing there or there may be a case," Anderson said. "It's too early to tell." Kelly did not return telephone calls Friday seeking comment. Anstine was a decorated U.S. Marine veteran of the Vietnam War who worked in White City lumber mills the past several years. His ex-wife died of natural causes two days before the wreck, and the couple left two teenage sons and a daughter as survivors. "The loss is considerable," said Mitchell Anstine, his brother. Michael Anstine will be buried in a graveside service Monday at the Eagle Point National Cemetery interment shelter. Reach reporter Mark Freeman at 776-4470, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.