Harry Dunn's family have been told that his alleged killer did not have diplomatic immunity, according to the director of the prosecution.
Anne Sacoolas left England after the collision in August 2019 in which the 19-year-old was killed.
She was driving on the wrong side of the road near RAF Croughton, Northamptonshire, when she hit Mr. Dunn's motorcycle head-on, authorities said.
The 43-year-old was able to leave Great Britain on September 15 with her husband Jonathan, a US intelligence officer on the military base used by American forces.
But Ms. Sacoolas was later accused of causing Mr. Dunn's death by dangerous driving in December.
An extradition request was filed by the Home Office, but US Secretary of State Mike Pompeo denied it in January, saying his decision was "final".
Family spokesman Radd Seiger said earlier today that the prosecutor's director's legal team had concluded that the Foreign, Commonwealth and Development Office should not have allowed the suspect to leave the country at all.
Harry Dunn's family (pictured) have been told that his alleged killer did not have diplomatic immunity, according to the prosecutor's director
Max Hill QC's conclusion contrasts with that of Foreign Secretary Dominic Raab, who told Parliament on October 21 that the suspect had immunity.
Mr Dunn's parents, Charlotte Charles and Tim Dunn, met Mr Hill on Wednesday at the Crown Prosecution Service headquarters in London.
Family spokesman Radd Seiger said the DPP's legal team had also determined that the Foreign, Commonwealth & Development Office (FCDO) should not have allowed the suspect to leave the country last September.
Anne Sacoolas (pictured) called for diplomatic immunity following the August 2019 collision that killed the 19-year-old
He also told reporters that the family had been informed of the US government's position that they would only consent to a "virtual trial" if it was done under US law – what Mr. Seiger referred to as a "show trial".
He said Mr Dunn's parents would only accept a virtual trial if the suspect were brought to justice under UK law.
Regarding the lawsuit, Mr Seiger said the Foreign Minister had asked to support the parents' complaint by asking to join the complaint as an Amicus Curiae – also known as the "intervener".
He said, "This extraordinary move was welcomed by Harry's parents and the Secretary of State will now be available to the parents and the court to assist them in securing the correct outcome of the complaint."
An FCDO spokesman, asked to comment on the civil lawsuit, said: "The Secretary of State continues to support the family and is doing everything possible to seek justice for Harry."
The family spokesman said Mr Dunn's alleged killer "inexplicably" made no attempt to "resolve the dispute without going to court."
Mr. Seiger said: & # 39; Harry's parents have the right to seek damages in the US courts in Virginia for Harry's unjustified death.
You tried to avoid a formal argument with Ms. Sacoolas so as not to burden the parents with additional unnecessary stress.
“It is inexplicable that Ms. Sacoolas completely failed to attempt to resolve the dispute without going to court.
"As a result, the parents have been forced to take up another fight since Harry's death and today filed a formal complaint against Ms. Sacoolas in the Virginia court."
It comes after Mr Dunn's parents Charlotte Charles (left with partner Bruce Charles) and Tim Dunn (right) filed a lawsuit in a U.S. District Court in Alexandria today
After meeting Mr. Hill, Mr. Seiger said: “The DPP made it clear to the parents that its legal team had concluded that Anne Sacoolas did not have diplomatic immunity and that is precisely why she was accused in December of death caused by danger have driving.
If they had come to the conclusion, as the FCDO lawyers concluded, that they would have, they would not have charged them and called us to a meeting and told us so.
They also confirmed to the parents that they agree with us that Anne Sacoolas should not have left and that, like the Northamptonshire Police, they too were kept in the dark in September.
"Had they had the chance to look into the matter and review the Croughton legal process, they would have concluded that she had no diplomatic immunity and was not allowed to leave."
Greg McGill, CPS Director of Legal Services, also commented after the meeting: “Today we met with Harry Dunn's family to brief them on the various steps the CPS has taken over the past 10 months to address the problem Ensure justice in this tragic case.
“The challenges and complexities of this case are well known, but the CPS and other partners have worked tirelessly to do everything possible to enable Anne Sacoolas to face the charges we have brought – and cause death by dangerous driving.
"We know this is a very difficult process for the family, so we wanted to reassure them personally that we will continue to seek justice for them and the public."
It came after Mr Dunn's family filed a lawsuit in a U.S. District Court in Alexandria today when their attorneys said they filed the civil lawsuit because the Sacoolasen fled justice in England.
Anne Sacoolas promised to work with the UK police to investigate the accident.
"But instead of staying in the United Kingdom, where she and her husband lived and worked, the defendant Anne Sacoolas fled to the United States," the lawyers wrote.
A call to a phone number linked to Anne Sacoolas went unanswered on Wednesday.
The lawsuit says the Sacoolasen now live in Herndon, a suburb in northern Virginia outside of the capital.
Both Anne Sacoolas and her husband are named as defendants in the lawsuit, which asserts unspecified claims for damages for death, negligence and other reasons.
According to the lawsuit, Ms. Sacoolas was driving her Volvo SUV on the wrong side of the road near the Croughton base when she hit Mr. Dunn.
The lawsuit said she had lived in England for several weeks by then and should have got used to driving on the left side of the road.
It is alleged that she did not call an ambulance and it was a passerby who arrived a few minutes later calling for help.
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