by: Tom Jones Updated:ATLANTA —
A father of five whose wife was killed in a crash involving former Atlanta Hawks star Mookie Blaylock is asking for the charges to be upgraded in the case.
Blaylock currently faces a misdemeanor vehicular homicide charge after police say he drove without a valid license on Tara Boulevard in May.
Officers say he crossed the median and slammed
head-on into Frankie and Monica Murphy's minivan.
Monica Murphy died.
Frankie Murphy says he is still dealing with injuries from the crash.
"I'm going to therapy. I don't know how good I'll be able to walk again. I don't think I'll be able to run again," Murphy said. "My wife is dead from it (the crash) and I'm still walking barely walking around good. Can we not see justice done
now?" he said.
Justice for Murphy is for Blaylock to face a felony vehicular homicide charge.
His attorney sent a letter to the Clayton County district attorney asking her to upgrade the charges.
"I'm really only asking for what someone with common sense would ask," Murphy said.
James H. Murphy, Murphy's attorney, wants felony charges after Blaylock's attorneys said he suffered a black-out type seizure during the crash.
Don Samuel says Blaylock had a similar seizure months before the incident.
James Murphy says his research shows driving with a history of seizures is a felony offense.
"Well certainly he drove with the knowledge that he could pass out and do exactly what he did," he said.
James Murphy says his sources say Blaylock's doctor told him not to get behind the wheel because of his medical condition.
Blaylock's attorney Don Samuel told Channel 2's Tom Jones that's not true.
Samuel said this is not a felony case because a driver has to know his actions behind the wheel will cause death. He says Blaylock <didn't?> intend to harm anyone.
Frankie Murphy says Blaylock's seizures, along with his manyDUIs, are why he wants him off the streets.
"A normal person who didn't have the prestige or money from his sports career that he had would have still been in jail," Frankie Murphy said.
When asked to respond to the letter, District Attorney Tracy Graham Lawson said her office, the Solicitor General's Office and the Prosecuting Attorney's Council are all deciding how to proceed in the case.