worst of it, the inconceivable part was, at least as investigators told flathead county attorney ed corrigan not an accident at all. what was your first reaction? what did you think? >> nuts. this is the last thing i wanted, was to have to take a double fatality and have to now treat it as a homicide. >> homicide? yes. right there in justine's car officers found what amounted to a minute-by-minute narrative of the events leading up to the collision in text messages. and in those messages the prosecutor said was the evidence he believed required him to press criminal charges against that girl doctors had quite miraculously saved, justine winter. charges of murder. >> she did not swerve. she drove head-on into that other vehicle. >> the prosecutor lays out his case while jason gets yet another shock. >> he's suing you. >> for her pain and suffering. >> when "dateline" continues. [ giggling ] let's play dress-up. ♪ i'm a slick chick ♪ [ doorbell ] [ slap ] your nails! xfinity home... cameras. xfinity home... disarm the system. door's open. morning... welcome to the neighborhood. do you like my