Mother Wants Answers, Justice After Daughter’s Death

A Charlotte mother is still waiting for answers weeks after her daughter was killed by a driver who police said admitted he'd been drinking.

The driver of that car has been charged with DWI, but so far faces no charges connected to the death of Shalenia Smith.

Police said Christopher Breeding hit Smith on North Tryon Street. She was walking to the Wal-Mart across the street.

Smith’s mother, Karen Owens, said she remembers the hours that followed the accident all too well.

“I actually managed to get close [at the hospital] and I managed to give her a kiss and told her I love her,” Owens said. “But she didn't open her eyes.”

Now, six weeks after the accident, Owens said she is waiting for justice for her daughter.

A police affidavit regarding the accident says breeding “admitted to having 3-4 beers and was coming from a bar” and “had to be explained his rights several times because he didn't seem to understand.”

Breeding was charged with driving while impaired, but Owens said police told her he would not face any additional charges.

“I actually asked the detective, I said, ‘But why?’ He said there's not enough eyewitness evidence,” Owens said. “He killed her. She died. What evidence do you need? Point blank, she's gone. That's a life taken.”

Police told Eyewitness News they're still investigating the case and haven't ruled out additional charges like manslaughter or felony death by vehicle. Captain Andy Kornberg, who oversees traffic investigations, said Owens shouldn't have been told otherwise.

“By no means is that the conclusion of the investigation or is it going to be the end of the investigation,” Kornberg said. “We're continuing to look at it.”

Police said they are still waiting for results of a blood alcohol test to see if Breeding was legally drunk at the time he hit Smith. But even if the test shows that he was, that doesn’t mean he will definitely be charged in connection with Smith’s death.

Charlotte defense attorney James Wyatt said the real question for prosecutors will be deciding what caused the collision: alcohol impairment or the fact that it was dark when Smith crossed the road.

“If the facts show this accident would have happened even if the driver was completely sober, then they've got to evaluate that in making a charging decision,” Wyatt said.

Owens said the possibility that Breeding won’t face any new charges is difficult for her to accept.

Eyewitness News tried to contact Breeding, but he didn't respond to the request for an interview. His attorney said Breeding is “torn up that anyone passed away.”

Breeding’s next court date for the charge of driving while impaired is in April.

•PDF: Arrest Affidavit