“Occupants from the vehicle stated there were text messages or video sent prior to the crash concerning possible speed and reckless driving,” according to an affidavit for a search warrant for any device “capable of sending or receiving any text messages, photographs, or making any voice calls.”
A pink cellphone was found on the dash of the Tesla, according to the affidavit.
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The court document does not say who sent the texts or video. Nor does it say who is the owner of the phone.
Brandon is scheduled to be in Butler County Juvenile Court for an initial appearance before a magistrate on May 24.
Butler County Prosecutor Michael Gmoser said he made the decision to keep charges against Brandon in the juvenile court system because the investigation revealed “no intentional conduct” to raise the severity of the charges.
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Gmoser said speed was “one factor” in the fatal crash but there are others to support the aggravating circumstance of the charge. He noted there is no indication that alcohol or drugs were a factor in the crash.
“That is what people usually think when they hear a charge like this, but there can be other circumstances,” Gmoser said. He declined to specify the circumstances in this case.
If convicted, Brandon could be sentenced to the Juvenile Detention Center in Columbus until her 21st birthday, Gmoser said.