Driver who struck Pollock Pines preschoolers in crosswalk will face no charges
PLACERVILLE — No charges will be filed against the driver who struck a group of young children in a Pollock Pines crosswalk last May, prosecutors said Friday.
The group of preschoolers was walking with their teachers to a nearby park for a routine field trip on May 31, 2023. The group was in a marked crosswalk on Pony Express Trail when the children were hit by a van, the El Dorado County District Attorney's Office said.
One of the children suffered a traumatic brain injury and spent an extended time in a hospital.
The district attorney's office said the facts show the driver was distracted and unaware of the group of students in the crosswalk until he began braking at the last moment.
Forensic analysis of the driver's electronic devices – work phone and personal phone – determined he was not texting while driving but did have the Google Maps and Spotify apps open. The driver was also found to be driving 2 miles per hour over the speed limit.
In an initial interview with the California Highway Patrol, the driver said he might have been looking down at his GPS before looking up and seeing the children in front of his van. He tried braking but was unable to avoid hitting the children.
Prosecutors say the driver remained at the scene in an attempt to provide aid to the children and cooperate with authorities. We are choosing not to name the driver as he was not charged with any crimes.
Despite the forensic evidence, footage from cameras in the area, and other analysis of the scene, the driver will not face any charges in the collision.
"However inexplicable and negligent the conduct is, there are insufficient facts to show that he was subjectively aware that his driving presented a substantial and unjustifiable risk of harm to others, and that he then willfully and intentionally ignored that risk," the district attorney said.