Seaside >> A woman who was involved in a fatal collision with a motorcyclist in Seaside last year will not be charged with manslaughter but will face two lesser charges, according to the Monterey County District Attorney’s Office.

Miriam Smith, 60 of Seaside, was traveling on Fremont Boulevard on Aug. 29, 2017 at about 11 a.m. when she collided with Jesse Lopez, 23 of Marina.

Smith was driving a Dodge Van in the number one lane when she changed to the number two lane hitting Lopez, knocking him off his motorcycle, and causing his death, said the release.

The Seaside Police Department investigated the collision and ultimately arrested Smith for vehicular manslaughter for failure to yield before the lane change, no driver’s license, no insurance, and delaying the investigation.

The D.A.’s Office investigated further and determined there was insufficient evidence to prosecute Smith for vehicular manslaughter as that would require proof beyond a reasonable doubt that the defendant was negligent and caused the death of the victim. That would mean the prosecution must prove that because Smith did not exercise reasonable care, her fault caused the death of the victim.

The speed limit was 30 mph and no witness could testify that Lopez was traveling within the speed limit. His injuries, as reported by two doctors who examined his body, indicated he was traveling at a high rate of speed and well above the speed limit. The damage to the side of Smith’s vehicle where it collided with the motorcycle corroborated that inference.

There was insufficient evidence to prove beyond a reasonable doubt that Smith had a reasonable opportunity to observe Lopez on his motorcycle when she changed lanes, therefore, the D.A. Office could not demonstrate the accident was a crime.

Smith was driving on an expired license and without insurance, and those two charges will be filed.

James Herrera can be reached at 831-726-4344.