Charges Dismissed in Fatal Vehicular Construction Accident: what's your opinion?

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In Wyoming, a judge has dismissed a charge against 33-year old construction worker, Andrew Michael Ames, who ran over another with a dump truck on a construction site.

Circuit judge Wendy M. Bartlett dismissed the charges. 

Ames told investigators he had been drinking the night before, but there was insufficient evidence that his intoxication level while driving caused the death.  Bartlett said there also wasn't enough evidence that Ames drove recklessly.

What are your thoughts?  Do you think Ames should have been convicted?