The move surprised prosecutors at the Suffolk County District Attorney's office, which in a statement, says:
In light of the Grand Jury’s decision, prosecutors are essentially left without a criminal case, but we have already begun the process of providing [McGrory's] family with a copy of our investigative file to assist in any civil litigation.
Valerie Yarashus, attorney for the McGrory family, says her clients will sue:
We believe that there is overwhelming evidence of gross negligence on the part of the truck driver in this case. He ran over and killed a bicyclist who was in a marked bike lane and traveling within the speed limit. When truck drivers do not follow industry standards, such as properly using mirrors to check for pedestrians or cyclists, everyone is in danger when trucks are turning right. These "right hook" fatal collisions between trucks and cyclists are completely preventable when truckers follow well-established safety rules, which are incorporated into Massachusetts law.