Woman who lost husband, unborn baby, in deadly accident demands justice

(WMC-TV) - In an instant, she lost her newlywed husband and unborn daughter in a deadly crash that forced her to be hospitalized for weeks.

Now on the road to recovery, the Mid-South widow is demanding justice.

Susanna Martin re-lives the accident every day.

"It's surreal. It's like it's not real to me, but it is. Every morning I wake up and it's real all over," said Martin.

The car accident killed her husband, Daniel, and their unborn child, Mia.

"He's been gone, almost as long as we've been married now, and I don't know, his family, we all want some kind of consequence," Martin explained.

Susanna and Daniel were married for five months when her world changed instantly in the head-on collision.

"We were talking about going to get Mexican food at El Mezcal at Trinity, and we were on our way there, and that's it."

That is all Susanna remembers.

It happened January 24, 2012 around 8:30 p-m.

The Memphis police crash report shows the Martins were southbound on the inside lane of Germantown Parkway, when a 2004 Mazda 6 headed north on the far outside lane went out of control, crossed over the median and slammed into the Martin's Civic Del Sol.

The man behind the wheel was James Daniel Fraley.

"It's hard for me to justify in my head, how you can kill someone, who is 26 and has their life ahead of them, just got married, has a good job, 40 hours a week, as well as, some people may not think anything of it, but that was my baby. You know, she's buried with my husband," explained Martin.

Fraley was on probation the night of the crash, having pleaded guilty just months before to driving without a license and leaving the scene of another accident, which are both misdemeanors.

Police records show Fraley has a number of arrests on his record, mostly for petty crimes in Utah and probation violations in Shelby County.

Memphis police tell Susanna that the car accident is still under investigation, and that the TBI crime lab is processing evidence to see if any charges are warranted.

It is a source of frustration for Martin, as she struggles to recover from a surgery that removed her spleen and weakened her immune system.

"Since this has happened, I've had two spiked fevers for days, one required hospitalization. I don't know what is going to get thrown at me next."

Her last hospital stay lasted nine days.

"I haven't sat still for nine days since the car accident. It kind of just forces you to sit still and deal with it," she said.

Action News 5's Ursula Madden visited James Fraley's last known address, where she spoke to his mother.

She declined an on-camera interview, but said Fraley was driving her car the night of the crash.

Loraine Frasier said that she spoke to her son on the phone just minutes before the crash and he seemed fine and that he was on his way back from Wal-Mart.

She said her son was clean and sober that night, after previous bouts with substance abuse. When he learned that two people were killed in the crash, James Fraley told his mother, "It should have been me."

Ursula Madden's request to interview James Fraley went unanswered.

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