ACCOMACK COUNTY, Va. — Chants could be heard and pink signs with Erika Bailey's name on it could be seen in front of the Accomack County courthouse Friday afternoon.
Community activists and friends of Bailey rallied together to call for answers from the Accomack County Commonwealth's Attorney J. Spencer Morgan.
Virginia State Police say 36-year-old Jessica Waterfiel drove into Bailey, her boyfriend, and their 6-year-old daughter while they were walking along the road on April 12. Bailey's daughter was riding her bike.
Bailey was killed on impact. Her boyfriend and daughter survived after suffering serious injuries.
Investigators said neither speed nor alcohol played a role in the crash, but it's still unclear exactly what led up to the incident.
Community activists and friends of Bailey said they don't understand why there haven't been any charges filed against Waterfield yet.
"Just so hurtful. Erika's a beautiful girl....a beautiful girl," said Bailey's friend at the rally who didn't want to be identified.
Community activist, Willie Justis, said he heard about Bailey's story and wanted to do something about it. He said after ongoing efforts to get answers from prosecutors, he organized a rally to get the community's voices heard.
Justis said he worries race may play a role in this case, comparing Waterfield's case to a school bus crash in Accomack earlier this year where a bus driver had a medical emergency and was charged shortly afterward.
"Obviously, as a person of color, if the shoe was on the other foot, things may have transpired more quickly," Justis said. "Again, you think about a 6-year-old who has to live without a mother who was just out riding her bike...it's just tragic."
13News Now reached out to the Accomack Commonwealth's Attorney's Office. A spokesperson sent us this statement they released earlier in April:
“Several members of the community have contacted my office regarding the tragic accident which occurred on Nock’s Landing Road on April 13, 2023. The investigation into that accident is ongoing.
As a result of the continuing investigation, no decision has been made, regarding potential criminal charges. This office intends to carefully review all of the available evidence prior to making any decision.
The Accomack County Commonwealth Attorney’s office owes a duty to all parties involved, and to the community, to ensure that the investigating agency, along with the courts, handle this matter with sensitivity and decorum in the pursuit of justice.”
The spokesperson added that the Commonwealth's Attorney expects to potentially announce a decision in June.
Virginia State Police say Waterfield had a 3-year-old child in the car with her at the time of the crash and neither of them got hurt.