LOWELL, Mass. — State prosecutors announced they are dropping a count of vehicular homicide against a Haverhill man charged with the death of State Police Trooper Thomas Devlin.
Kevin Francis was accused of hitting Devlin in July 2018 as he was standing in the breakdown lane conducting a motor vehicle stop on Route 3 in Billerica.
Devlin suffered serious injuries but survived. He later died in September 2020, more than two years after the accident.
[ State Police trooper dies two years after being struck by car while on the job ]
Following the accident, Francis was charged with negligent operation of a motor vehicle and failure to move over for an emergency vehicle. After Devlin’s death, those charges were upgraded to vehicular homicide.
But at a hearing in Lowell District Court on Friday, Middlesex County Assistant District Attorney Edward Kim disclosed the “Commonwealth will not be able to meet its burden at trial after further investigation.”
25 Investigates learned the decision was prompted by a revision to Devlin’s cause and manner of death by the Office of the Chief Medical Examiner earlier this week - nearly 18 months since the trooper’s death - after it was revealed that Devlin may have suffered from a rare brain disease.
According to a death certificate issued just weeks after his death, Devlin died from injuries sustained in the accident.
[ 2018 story: Trooper struck by vehicle in Billerica ]
But an amended death certificate filed with the Wilmington Town Clerk’s office on March 7, 2022, which was obtained by 25 Investigates, shows Devlin’s cause of death was changed to “probable prion disease” and the manner of death was listed as “unknown.”
The amended certificate also shows no autopsy was performed on Devlin when he died.
Prion disease is a rare but fatal brain disease.
Trooper Devlin is survived by his wife and four children.
Francis is set to go on trial for the other charges later this month.
This is a developing story. Check back for updates as more information becomes available.
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