NEW ULM, Minn. -- A grand jury found no criminal negligence in the case of a New Ulm Police officer who crashed his squad car into another vehicle, killing two people.
But an attorney for the victims' family says he could still be facing a lawsuit.
Last July, Officer Mathew Rasmussen was trying to catch up to a vehicle going 14 miles over the speed limit on the 1000 block of North Garden Street.
That's when he T-boned a vehicle which was turning left. The violent crash killed the driver, 82-year old Myra Ann Meyer and her 60-year old son Brian Wichmann.
Rasmussen claimed he had his flashing lights and siren on.
"I did not see any lights; I did not hear any siren," said witness Bill Strenge.
Strenge, who saw the whole crash unfold, was one of several who say Rasmussen did not have his flashing lights or siren on.
An investigation report apparently backs that up stating that Rasmussen was going upwards of 72 miles per hour on the 30 mile an hour street.
However, this past week a grand jury decided not to issue an indictment.
"If it wasn't a police officer speeding that bad on that road I think the jury would have probably came to a different conclusion," he told KARE 11.
Redwood County Attorney Steve Collins served as the special prosecutor.
He told KARE 11 Friday the grand jury, which was made up of people in Brown County, did "a very good job deliberating."
He says there was a "substantial amount of evidence" presented to the jury.
Collins added state law prohibits a prosecutor from advocating a certain outcome in a case involving a grand jury, but he can decide what evidence is presented.
Attorney Jim Schwebel is representing the victims' family.
"Their heartache is enormous," he said.
Schwebel says he will file a lawsuit if a settlement can't be reached because under state law, if an officer does not have his or her lights and siren on, they should be treated just like any other driver.
"No one is claiming this officer had any malice in his heart, but he was not paying attention when he was driving and the result of that, two people are dead," said Schwebel.
Since the grand jury did not indict Rasmussen, the proceedings are sealed. We will never know what evidence was presented or how the jury came to its conclusion.
But according to Schweble, that won't stop him from getting the conclusion he believes is just.
"I can assure you the city will be held accountable for what happened here," he said.
Efforts to contact Rasmussen Thursday were unsuccessful.
Speaking on behalf of the police department, the city attorney, Hugh Nierengarten would not comment.
(Copyright 2012 by KARE. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)