Iowa family seeking justice after father of five dies in crash
There will be an empty seat at one Marshalltown family's Thanksgiving this year.
Robbi Kluck, a father of five, was killed in a crash in May.
Kluck was driving his motorcycle on North 10th Ave in front of the JBS factory in Marshalltown on May 16.
A truck turned in front of him.
Kluck was pinned under the truck as first responders went to help. He was flown to Des Moines, but later died from his injuries.
"My heart was crushed. It was crushed to know these kids will never be able to speak to their father again," said Dylan Schumacher, Robbi's lifelong friend.
Kluck leaves behind a girlfriend of nine years and five children.
His family says the tragic accident became even worse when they found out Wyatt Rodriguez, the driver that kit Kluck, had a suspended license.
"He knew he wasn't supposed to be driving," Schumacher said. "The state knew he wasn't supposed to be driving, the police knew he wasn't supposed to be driving."
Since the charges didn't reach felony level, Rodriguez doesn't have to pay restitution to Kluck's family.
Lawyer Ben Lynch says the county attorney would have to prove Rodriguez was reckless in order to charge him with vehicular manslaughter.
"You'd have to be able to prove that somebody not quite intentionally did something, but it's almost to that point that their actions were so careless that it should be criminally culpable," Lynch said.
Marshall County Attorney Jordan Gaffney tells me the evidence didn't meet the criteria for vehicular manslaughter.
Wyatt Rodriguez sent KCCI a statement that says in part: "This was such a traumatic experience for me and such an unfortunate event for the family. I am deeply empathetic."
He went on to say he pled guilty to his charges and the crash was ruled an accident.
Kluck's family has kept items he was wearing that day, including his helmet.
While they're seeking justice, they take solace in the fact that he was an organ donor that saved five lives.
Kluck's organ donor blanket hangs proudly in his old living room.
"A little piece of him is still here with us," Schumacher said.
Kluck's mother says they're now filing a wrongful death suit.