One legal expert said Heatley will likely escape a jail sentence because he was not drunk at the time of the accident and has been forgiven by Snyder's parents.
"If the family says that they do not want to press charges, and if there are no drugs or alcohol involved, there's a good chance that the state will not prosecute or that they will work out some sort of plea agreement," Camilla Watson, a criminal law professor at the University of Georgia, said Monday.
Dany Heatley (left) says goodbye to Graham Snyder, father of Dan Snyder, after burial services in Elmira, Ont. (CP Photo/Tobin Grimshaw)
"This may be treated as an accident, and I would not be surprised if the district attorney did not proceed," added Robert Pugsley, a criminal law professor at Southwestern University in Los Angeles.
Pugsley went on to say because Heatley's blood alcohol content was less than 0.015, far below the state's legal limit of 0.08, it could result in prosecutors granting a plea agreement with a sentence of community service.
"It's a really tough call, and it depends on the district attorney's determination of if famous people need to be reined in or are getting away with too much," said Pugsley.
As of Monday there was still no indication from the district attorney's office if they intend to press charges.
"After we complete the investigation, we will make a decision on what charges, if any, to present to the grand jury," said Erik Friedly, a spokesman for the district attorney.
"There's always a possibility that during the investigation it can be determined that charges aren't appropriate."
"I don't know that any sentence at all is appropriate because it isn't determined that he committed any crime," said Heatley's lawyer Don Samuel. "It's too early to predict what the final outcome would be."
Heatley's Ferrari spun out of control on an Atlanta road on Sept. 29 before slamming into a wall. Snyder died six days later and Heatley was charged with felony vehicular homicide.
Heatley, last season's all-star MVP, was injured in the crash and is out indefinitely after breaking his jaw and tearing two ligaments in his knee.
Heatley, free on $50,000 US bond and allowed to leave the U.S. to attend Snyder's funeral in Elmira, Ont. Last Friday, also faces four misdemeanours.
with files from CP Online
