worst of it, the inconceivable part was, at least as investigators told flathead county attorney ed corrigan, this was 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. >>> the prosecutor lays out his case while jason gets yet another shock. coming up -- >> he's suing you. >> for her pain and suffering. >> when "dateline" continues. where does your almondmilk come from? almond breeze starts here with our almond trees in our blue diamond orchard in california. my parents' job is to look after them. and it's my job to test the product. the best almonds make the best almondmilk. blue diamond