By Laura French
MADISON, Wis. — Prosecutors have closed their investigation into allegations made by a Wisconsin EMT that she was set on fire in a racist attack, saying they don’t have enough evidence to prove that the attack occurred as reported.
Madison EMT Althea Bernstein, 18, who is biracial, reported in June that four white men approached her car while she was stopped at a red light, called her the N-word, sprayed her with lighter fluid and set her on fire by throwing a lighter through the window.
Bernstein said she managed to put out the flames and drive home before driving herself to the hospital, where she was treated for burns to one side of her face and neck.
The Madison Police Department launched a hate crime investigation, which was later joined by the FBI.
The U.S. attorney’s office in Madison announced Friday that a thorough investigation did not turn up enough evidence to charge anyone in the case, according to the Associated Press. Officials said the investigation included interviews, analysis of traffic and surveillance camera footage and examinations of digital and forensic evidence.
The Madison Police Department released a more than 150-page collection of reports from the investigation on Friday, which state that none of the camera footage from the time period and location in which the attack reportedly occurred showed a group of four white men matching the descriptions given by Bernstein.
The reports also state that surveillance footage only showed Bernstein’s vehicle stopping once, and that the car’s windows were closed at the time and no one was around the vehicle.
Investigators wrote in the reports that surveillance footage and GPS data from the time the attack as reported by Bernstein showed her in an area about 15 minutes from the downtown Madison area she reported being in at the time of the attack.
An arson dog also did not alert to any traces of lighter fluid or other incendiary material in Bernstein’s car, which was examined and found not to be damaged, but that tests of her shirt indicated the presence of a substance consistent with lighter fluid, according to the reports. Medical records also indicated that Bernstein was treated for burns.
Bernstein’s family released a statement saying, “Althea Bernstein and her family appreciate the detailed investigative efforts by all involved [in] this case. Althea’s injuries are healing and the support of our community has been invaluable in that regard. We continue to maintain our family privacy and will not be granting interviews at this time.”
Detective Justine Harris wrote that detectives asked Bernstein’s attorney, Andrea Sumpter, if someone else may have attacked Bernstein in a different manner than was reported, according to police records. Sumpter said she did not have any additional information other than what was reported, according to Harris.
Harris said prosecutors would not file any charges against Bernstein because investigators did not find any evidence that Bernstein colluded to make a false report, according to the AP.