Family of young mother, 26, killed by street racers while waiting at bus stop in dystopian Portland take harsh action against city officials
The family of a young mother killed by streets racers while she waited for a bus are suing Portland authorities for $15M - nearly two years after her death.
Ashlee McGill, 26, was fatally struck when motorist Jonathan Peña was drag racing another driver at speeds over 80mph in August 2022.
Her devastated family believe her death could have been prevented as the area was known as a high-crash corridor which street racers often frequented.
Ashlee's mother Mistegay Nicholson filed a lawsuit on Wednesday accusing authorities of negligence recklessness and wrongful death.
It comes after a Portland man was this week left starry-eyed after a car hit him while illegally driving through a park late at night. The city's law enforcement has come under increasing scrutiny following its efforts to 'defund the police' following activist pressure after the death of George Floyd in 2020.
Ashlee McGill, 26, was fatally struck when motorist Jonathan Peña was drag racing another driver at speeds over 80mph in August 2022
Ashlee's mother, Misty Nicholson filed a $15M lawsuit against the city of Portland, and other agencies - as they believe Ashlee's death could have been prevented
Ashlee was waiting for a bus when Peña's Mustang jumped the curb and struck her, killing her instantly. The collision was at the intersection at Southeast Stark Street and Southeast 133rd Avenue.
The suit the Portland Bureau of Transportation, the Portland Police bureau, TriMet - Portland's bus and commuter rail service, the Oregon Department of Transportation and Multnomah County, among others, KOIN News reported.
The filing states that the Portland Bureau of Transportation had designated the area of Southeast Stark Street as a high-crash corridor.
It adds there were 'lack of warnings and visual cues.'
The median located in the middle of the street was raised and posed a danger which prompted the vehicle to swerve and try and go around it while they were racing.
Documents also point out that the street Ashlee was waiting for the bus was 'substantially blocked from the view of eastbound traffic by a telephone pole, trash can, fire hydrant and other signage.'
A year before, Ashlee died, the city had less traffic enforcement officers in the area where the young mother was killed.
'It was foreseeable that injury and death to pedestrians such as Ashlee McGill would occur, the suit said.
Ashlee pictured with her son, Ryker, now 8. She is survived by three sisters and many relatives
Pena's smashed up vehicle also hit the car of another drag racer before crashing into a tree
Peña pleaded guilty to criminally negligent homicide, recklessly endangering another person and reckless driving.
He was sentenced to three years in prison the sentence she called 'too light' prompted outrage.
'I think that if they are trying to get people to stop speed racing, that's not going to do it,' McGill's mother, Misty Nicholson, told KATU News.
Before the fatal crash, Peña hit 84 mph - 54 mph above the posted speed limit.
Evidence presented in court showed how the impact downed tree branches, shattered the windows of a nearby dental clinic and rendered his car a mangled wreck.
Peña was charged with second-degree manslaughter the following August, but the charge was later adjusted to criminally negligent homicide, a Class B felony.
He pleaded guilty to additional charges of recklessly endangering another person and reckless driving were stacked on during his sentencing.
Peña will serve 36 months behind bars due to time already served, with three years post-release supervision and five-years' probation. He must also pay at least $5,000 restitution.
Jonathan Peña (pictured) pleaded guilty to criminally negligent homicide, recklessly endangering another person and reckless driving
The other driver, Kenneth Freeman, also pleaded guilty to criminally negligent homicide and was sentenced to five years in prison last fall. A third driver who partook in the race has not been identified.
Nicholson read a statement during Peña's sentencing, stating: 'I do hope for the rest of your life, every time you close my eyes you see my daughter and remember what you did to her.'
McGill was a native of Portland and a doting mother to her eight-year-old son, Ryker. She is also survived by her mother, three sisters, grandmother, aunt and uncles.
Peña's sentencing came just over a year after the passage of Oregon Senate Bill 615, which increases penalties for people convicted of street racing.
First-time offenders may be slapped with a sentence of up to 364 days in jail, a $6,250 fine, or both.
Meanwhile, repeat offenders within a five-year period face a maximum of five years behind bars, a $125,000 fine, or both.
