Thomas Gallagher has a long history of alcohol-related offenses and, sadly, it is not surprising that he was drunk when he caused the car crash that killed Meredith Demko earlier this month in West Lampeter, PA.

What is noteworthy is that the people in his car knew he was in no shape to drive. In statements to police, his two passengers reported seeing him drinking heavily and using heroin shortly before he got behind the wheel. Moreover, Gallagher must have been visibly impaired—the drugs aside, his BAC was three times the legal limit at the time of the crash.

The DA has vowed to make sure Gallagher receives a substantial sentence, but some in the community also want Gallagher’s passengers held responsible. Even if they couldn’t keep him from driving, they could have called the police. By doing nothing, some argue that the passengers are complicit in the fatal crash.