For one thing, Finucane said, losing consciousness behind the wheel isn’t limited to epilepsy: A heart attack, or a change in glycemic levels can affect a person’s consciousness.
Another problem is that having epilepsy is a fault of our bodies, not indicative of intention to commit harm. “If one has an unexpected medical emergency and injures someone else, then generally you’re not going to bring criminal charges against a person, because you’re not in control of your actions,” she told The Daily Beast. “There’s no volition or intent.”
Bruns’ case seems to be different though. On Thursday, Bruns was indicted by a grand jury in Brooklyn with charges of manslaughter, criminally negligent homicide, and assault. Finucane, who isn’t working on this case, said that from her perspective, that’s unusual. “Was it accidental or incidental? That’s the kind of evaluation a prosecutor will go through,” Finucane said. “A criminal attorney will be helping her present her case in the best possible point of view.”