No charges to be filed against driver in Burlingame crash that killed 4-year-old
Prosecutors in San Mateo County said the driver involved in a fatal crash that killed a 4-year-old boy in Burlingame last year will not be charged in the case.
District Attorney Steve Wagstaffe's office told CBS News Bay Area Thursday that vehicular manslaughter charges won't be filed in connection with the Aug. 8 crash, following a review. The crash killed 4-year-old Ayden Fang (no relation to the author of this story) and injured a 6-year-old girl.
Wagstaffe said his office's charging team determined that the evidence would not support charges of vehicular manslaughter with proof beyond a reasonable doubt.
"My prosecutors spoke with the family of the victim to fully explain our reasoning," Wagstaffe said in an email. "They have suffered a horrible tragedy and I know they do not agree with our conclusion, but in the end as prosecutors we ethically are bound to only file a case if we believe a unanimous jury of twelve community members would find the driver guilty and we do not believe this evidence will result in that outcome."
According to police at the time, a person on an e-bike crashed into a sedan entering Donnelly Avenue from a parking lot. The driver of the sedan accelerated and crossed the street onto the sidewalk, striking the two children.
The boy died at the scene, while the girl was taken to the hospital with injuries that were not life-threatening.
Police said the driver, a 19-year-old woman from San Mateo, stayed at the scene and cooperated with officers.
The boy's father, Ming Fang, told the San Mateo Daily Journal newspaper that the decision by the DA's office was "premature" and "unfair for the victim." He also said that the driver should not continue driving and that he hoped all those responsible would work to prevent such incidents in the future.
"We, the family and community, would want all parties responsible and involved in this incident — driver, drivers' family, bikers' parents, city — to do what they can to prevent such things from happening again and make the streets safe," he said. "They all need to own up to the responsibility."
