Bad prosecutor, bad!

[Godless Dave]

Just saw this on the BBC:

Biker cleared after 128mph chase

A US motorcyclist who zoomed through Nebraska at over 128mph (205kph) has been cleared of reckless driving.

Judge John Steinheider reluctantly ruled that speed alone was not enough to prove reckless driving under Nebraska law.

Biker Jacob Carman accelerated away from a traffic policeman after he was clocked at 82mph (131km/h).

But Judge Steinheider acquitted him of reckless driving, fining Mr Carman only for having out of date documents.

"As much as it pains me to do it, speed and speed alone is not sufficient to establish reckless driving," the judge said.

State prosecutors admitted that they could have won a conviction for speeding, but had opted to pursue a charge of reckless driving.

It makes sense to me that excessive speed alone is not reckless driving. But this guy not only exceeded the speed limit, he fled a police officer which is also a crime. But because the prosecutor didn't bother to charge him with fleeing a police officer or speeding, he gets off. And it's the prosecutor's fault; I don't see how the judge could have ruled any other way.