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DA: No charges filed in death of mother who fell out of party bus

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KANSAS CITY, Mo. -- After five months of collecting and reviewing evidence, the Wyandotte County District Attorney said he doesn't have enough evidence to file charges in the death of Jamie Frecks.

Frecks, 26, fell out of an emergency door on a party bus owned by Midnight Express on May 4, 2013. Frecks was attending a bachelorette party with 15 other women when the unthinkable happened.

"Jamie was the happiest girl," Cynthia Matteson, aunt, said. "She had life going for her. She had a little girl, a baby of her dreams. Jamie was just a wonderful little girl, had a good heart, a heart of gold."

The Kansas Highway Patrol said Frecks fell out of the party bus and onto 1-35 near Southwest Boulevard where she was then hit by three cars as her friends watched in horror.

"[We] don't want to forget Jamie," Matteson said. "We want to keep her alive."

A month after the accident the U.S. Department of Transportation's Federal Motor Carrier Safety Administration ordered the Olathe-based company to immediately cease operations.

The U.S. Department of Transportation said the owners of Midnight Express were operating an unauthorized and unsafe commercial transportation service.

An inspection by the Kansas Highway Patrol found the bus had modified seats that blocked all four emergency exit windows and a release mechanism on the rear emergency window was inoperable.

Frecks' family filed a wrongful death lawsuit a month after her death against the owners of the party bus and the bus driver.

It's unclear what will become of that lawsuit because, according to investigators, the owners of Midnight Express did not carry the $5 million in liability insurance that's federally required by all commercial passenger carriers.

Watch FOX 4 Monica Evans' report:

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