An Erath County grand jury opted not to indict a now 17 year old defendant charged with criminally negligent homicide in connection with a Sept. 2007 accident that killed two.

District Attorney John Terrill said the charge was based on the theory that the driver, who was 16 at the time, failed to yield a right of way.

“The grand jury did not find that there was sufficient evidence that a criminal offense had occurred,” Terrill said.

Timothy Cunningham, 29, a Stephenville resident, and Lora Wulfjen, 18, a Tarleton State University freshman from Breckenridge, were critically injured when the motorcycle they were traveling on was struck by a 1994 Geo Prism on West Washington Street. Both victims were airlifted to John Peter Smith Hospital in Fort Worth where they died days later.

The driver of the Geo Prism, who is a former Dublin resident, did not have a valid driver’s license or insurance when the accident occurred.

Two others, Julie Ohnemus and Apollo Long, were also injured in the accident.

Terrill said the driver of the Prism, who is now a junior in high school, no longer lives in Dublin.

“This was tragic all the way around,” Terrill said. “It was tragic for every one involved.”