Officials announced Nov. 30 that they will not file criminal charges against the driver of a car that hit and killed a Bellevue toddler in a crash on Bel-Red Road and Northeast 140th Avenue on Sept. 29.
“Police investigators consulted with the King County Prosecutor’s Office as well as the Bellevue City Prosecutor, and it was determined that there were no prosecutable criminal offenses committed by the driver of the Sentra in this case,” Bellevue Police spokesperson Seth Tyler told the Reporter.
At the time of the collision, A 1999 Dodge Durango driven by a 29-year-old female Kirkland resident was driving southbound on 140th Avenue Northeast and collided with a northbound 2011 Nissan Sentra making a left turn. The Nissan — driven by a 43-year-old Bellevue man — was pushed onto the sidewalk, striking the 28-month-old girl and her 25-year-old mother.
The mother was not seriously injured in the crash, but the child died at the scene.
An investigation into the crash confirmed early reports that the crash was caused by the Nissan driver’s failure to yield at a flashing yellow light. There was no evidence to support potential criminal felony or misdemeanor charges, according to prosecutors, although the driver was issued a infraction with a $187 penalty.
“The driver is going to be held accountable to the full limit of the law, and that is through this citation,” said Police Chief Steve Mylett. “This is a tragic, tragic situation, most certainly for this little girl and her family. Our condolences go out to them.”
The City of Bellevue’s prosecutor only handles gross misdemeanor and misdemeanor offenses, while felony charges are handled by the King County prosecutor. To have prosecuted either of the two potential misdemeanor charges for this case — reckless driving or negligent driving — it would have to be shown that the person was driving with willful disregard, or driving negligently while exhibiting the effects of drugs or alcohol.
The driver exhibited none of those classifications, according to attorney Jill Thiele with the city’s prosecutor’s office. Similar conditions would have to be met to prosecute felony charges, according to the King County Prosecutor’s Office.
Cell phone data did not indicate that either driver was distracted by their cell phones while driving, and drugs and alcohol were ruled out as a factor in this crash, according to police.
The driver did have a prescription for and was taking carbamazepine, a medication used for a variety of ailments including seizures, nerve pain and bipolar disorder, among others. But, it was determined that the medication was not a factor in the crash.
