PLACERVILLE, Calif. — No charges will be filed against the driver who hit five children crossing a road in Pollock Pines last May.
The El Dorado County District Attorney’s Office made the announcement Friday via a news release and collision reconstruction report.
HISTORY
The crash happened around 10:40 a.m. May 31 at Pony Express Trail near Willow Street.
California Highway Patrol said five elementary-age children were crossing the street when the driver of an appliance van hit them, causing major injuries.
At the time, CHP said neither drugs nor alcohol were thought to be factors in the crash.
DISTRICT ATTORNEY FINDINGS
The district attorney’s release provides more information about the day of the crash and the subsequent investigation.
The weather at the time of the crash was sunny and clear, the road was dry and the view to the crosswalk was not obstructed.
The driver initially told CHP he was going about 40 mph and might have been looking down at his GPS when he saw kids in the road. He said he started to brake and then panicked and tried to move one of the children out of the road.
Investigators ordered a reconstruction expert who did a site assessment and vehicle exam that included 369 photos of the accident site, several videos of the site and surrounding area, a scan of the location, a visibility assessment from the driving path and more.
The 24-page report found the driver was going 37 mph before braking with the van going an additional 22-feet after braking before the collision.
The driver also turned over his two cell phones to investigators who did a forensic analysis and found there was nothing that would indicate use or interaction with the devices at the time of the crash.
On a potential charge of negligence, the district attorney’s office concluded charges would not apply since no pedestrians were killed.
On a potential charge of intentionally driving with conscious disregard for safety, the district attorney’s office said it would have to prove the suspect drove with ‘wanton disregard for safety.’
The office concluded that although the driver may have been negligent, there is not enough evidence to prove his driving was a substantial risk to others and that he ignored the risk.
They ultimately decided not to file charges against the driver.
REACTION
More than seven months after the ordeal, Jim McCarthy, the owner of 50 Grand Resturant and Bar, was one of the people on scene helping out the five early elementary age children. He says this tragic accident brought the small community together.
“We have all gone through this tragedy and hopefully out of it, we come out a bit stronger," said McCarthy.
McCarthy says he understands why the El Dorado County District Attorney's Office did not file criminal charges and says he has heard from the community, the driver understands the impact his accident is having.
“He is significantly affected by what has happened here," said McCarthy. "It is changed his behavior. He won't drive, there's all sorts of things that have changed him permanently.”
Criminal Defense Attorney Mark Reichel is not involved in this case, but agrees with the decision not to file criminal charges against the driver.
"If everyone who committed an accident or made a mistake was sent to prison, the prisons would be overflowing," said Reichel. "So we really, saved the criminal justice system for people who have evil motives, evil minds."
As the five children slowly recover, Reichel says there is a lesson for everyone to learn from this.
"You have to understand, you are driving a killing machine. This very easily, could have been the death of five people. Five young, beautiful children and this person would therefore they have five counts of manslaughter, 50 years in prison," said Reichel.
SDPREVIOUS REPORTING: Juniper Ammons, child among those hit in Pollock Pines, California in critical condition
