GROSSE POINTE, Mich. (WXYZ) — Ann Vanker has spent nearly three years fighting to hold the mother of the teenage driver who killed her 18-year-old son criminally responsible. This week, a circuit court judge dismissed the involuntary manslaughter case — but Vanker and her attorney say they are not done.
"I miss Flynn. I want him back so much," Vanker said.
Watch Peter Maxwell's video report below:
Flynn Mackrell was killed in November 2023. He was a passenger in a BMW SUV driven by his 16-year-old friend, Kiernan Tague, who was speeding when he lost control and crashed on Ridge Road in Grosse Pointe Farms.
Kiernan was sentenced last year to a blended sentence of 19 to 38 months in a Level 2 secure placement probation facility.
Vanker has also been fighting to hold Kiernan's mother, Elizabeth Puleo-Tague, criminally responsible.
"She knew her son was a homicidal suicidal maniac in that car. Hundreds of times, she had printouts that she sent to him saying this is how fast you're going, this is the hard braking. She knew well. She stated she knew that it was dangerous," Vanker said.
When the Wayne County prosecutor declined to charge Puleo-Tague, Vanker and her attorney turned to a rarely used Michigan law called the Act of 175 of 1927, which allows a private citizen to go before a judge and ask for a criminal warrant.
Grosse Pointe Farms Judge Charles Burshback approved the warrant and a special prosecutor was appointed. Puleo-Tague was then charged with involuntary manslaughter.
"In a situation where the county prosecutor or the office of the Michigan attorney general decline to proceed with a criminal prosecution, that allows a citizen an establishment of just cause and the posting of a bond to institute criminal proceedings against the individual charged," Vanker's attorney, Art Weiss, said.
"It's really profound that individuals such as Anne and Thad be able to at least attempt to seek judicial redress."
This week, a circuit court judge dismissed the case — not because of a jury verdict, but because of how the case was being prosecuted. The judge ruled the lower court could issue the warrant but could not appoint a special prosecutor to take the case forward.
Weiss says they will appeal, keeping this rare legal battle alive.
"I am hopeful that eventually the Michigan state Supreme Court will take this matter up and resolve what Anne and Thad's rights are," Weiss said.
I reached out to Puleo-Tague and her attorney, Gerald Evelyn, but did not receive a response before my deadline.
Vanker says her fight for justice is not over.
"The message has to be sent that if you know and enable criminal behavior on behalf of your minor that you're going to be held accountable criminally," Vanker said.
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