Prosecutors will not charge an Orange City motorcyclist who shot and killed a Volusia County library assistant who he said pointed a gun at him following a road rage incident, according to an email from the State Attorney’s Office.
Andrew Derr, 40, of Orange City, shot and killed Sara-Nicole Morales, 35, on Nov. 20 outside her mother’s house in Orange City. Derr said Morales pointed a gun at him, according to reports. Two other men said Morales was waving the gun around, according to reports.
Morales was a library assistant for Volusia County. She was pregnant, her mother said.
Assistant State Attorney Bryan Shorstein, a spokesman for 7th Circuit State Attorney R.J. Larizza, wrote in an email on Tuesday that Derr would not be charged.
“The State Attorney’s Office has completed a comprehensive review of this case. The Orange City Police Department concluded, after a thorough investigation, that the suspect would not be charged with a crime,” Shorstein wrote. “While the facts in this case are truly heartbreaking, the law does not authorize the filing of any criminal charges. Our sincerest thoughts and prayers go out to the Morales family.”
A man who answered Derr’s phone on Tuesday hung up after a reporter identified himself. Derr has a concealed weapons permit, according to reports.
Morales’ mother, Doreen Flaherty, said previously that Morales was pregnant when she was killed. She also said her daughter had grabbed her fiancé’s gun.
Flaherty said on Tuesday that she was angered by the prosecutors’ decision.
She also said both sides made mistakes in the fatal incident, but that Derr should not have followed her daughter home.
“If he had not followed her in the first place there would have been no need for him to feel the need to defend himself,” Flaherty said.
The incident began when Derr tried to pass Morales and she moved her car into his lane, causing Derr to swerve, according to a witness’ statement in a report.
Derr then “became aggressive,” yelling and waving as he continued to ride next to Morales’ vehicle, the witness said in the report.
Morales swerved her car at the biker, the report said. Her vehicle struck the motorcycle’s saddle bag, leaving a scuff mark and almost causing the biker to wreck, according to the report.
Derr then kicked Morales’ car, a witness stated in the report.