Sedgwick County woman killed, no felony charges filed

WICHITA, Kan. (KWCH) - The family of a young Sedgwick County woman hit and killed on the side of a Colorado interstate says the man responsible faces only misdemeanor violations, but they want him charged with her death. Factfinder 12 sat down with the family Thursday, ahead of a court appearance scheduled in Colorado Friday (9/23).

It started as a fun getaway to the Colorado mountains for Janae Dosh and her friends.

“We all took silly pictures together, we went to cafes, we went to this little town and went to so many gift shops,” Dosh said.

After the fun was over, the group began their trip back home to Kansas, but car trouble forced Janae and seven of her friends to the side of Interstate 270, just outside of Denver. What happened shortly after, the 21 year old describes as the moment her life fell apart.

“Every day it feels like I’m living in purgatory, living a nightmare,” she said.

“We were just in a group, and I remember where everyone was standing. And I see this car. He’s in the left lane, and I know something’s wrong because he’s going really fast and he’s not swerving. He drives in a straight line from the left lane to the right lane, and before I knew it, he was behind Maddy,” Dosh continued. “She was standing in front of me, and I saw her face and she looked really confused. Probably by my reaction.”

The entire horrific event was captured on video by the tow truck attempting to help the group. All but one of the group were hit by the vehicle. 22 year old Madison Bourn was killed just moments after speaking to her mother Kathy.

“I had just talked to her minutes before she was killed. The tow truck had just arrived, and I hung up with her,” Kathy Bourn said. “The next thing we know, her boyfriend’s calling and telling us that she’s been hurt and telling us that it’s bad.”

Friday, the man driving the car that plowed into the group of friends will appear in court but not a criminal court. Facing misdemeanor charges of careless driving and infliction of serious bodily injury, the man’s case will be heard in the same court where traffic violations are heard.

“The gentleman that ran over her has basically not served any time in jail. He is going free. He has a criminal record. He drives around like nothing’s happened in his life,” Kathy Bourn explained. We just felt like they’re not gathering evidence that we need to change the charges from traffic court into criminal court where this really should be tried.”

The Bourn family says prosecutors tell them there’s not enough evidence to upgrade the charges to a felony. The family says that’s not good enough.

“I thought that’s what our laws are for is for justice , and this doesn’t seem like justice. It seems like we’re supposed to just go away and live with it, and I just can’t do that,” Kathy Bourn said.

“I’m awaiting my sixth surgery to fix what this man has done to me,” Dosh added. “I didn’t know it was possible to take so much away from someone...he doesn’t even know what all he’s taken from me, taken from all of us.”

The Bourns say authorities did not test the driver’s blood after the crash or talk with all of the eyewitnesses. Janae Dosh says she saw the driver with a cell phone in his hand just before the crash. They believe if prosecutors looked further into that information, it may explain why the man crashed into the group and if it should be charged as a felony.

Factfinder 12 reached out to the Adams County DA’s office, where the crash took place. We’ll keep you updated on this case.

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