Teen driver not to be charged with hitting, killing 14-year-old in Chicago suburb

WHEATON, Ill. (CBS) -- The DuPage County State's Attorney's office has decided there will be no criminal charges in the crash that killed a 14-year-old Hinsdale boy in July.

The 16-year-old driver will face three traffic offenses – but investigators said ultimately, it was all a tragic accident.

The accident happened just after 2:30 p.m. Monday, July 17, at Fontano's Subs and Deli, at 9 S. Lincoln St. in Hinsdale.

A 16-year-old boy who worked at Fuller's Car Wash, across the street from Fontano's Subs, was taking a Jeep out of the bay at the carwash when he struck the victims.

Sean Richards, 14, was hit and left in critical condition. He later died.

The sub shop owner said Sean ended up on the hood of the Jeep, before falling under the vehicle. 

Three customers at the sub shop who were either struck by the car or debris were also hospitalized in serious condition. A fourth customer was treated and released at the scene.

The DuPage County State's Attorney's office said the teenage driver had just gone through the car wash tunnel when he pressed the gas pedal as far down as it could go – thinking it was the brake. He then struck Sean and slammed into the sub shop, prosecutors said.

Analysis of the event data recorder in the Jeep indicated that the driver never hit the brake – and braking was engaged by the vehicle's automatic Electronic Stability Program about 0.8 seconds before the vehicle hit the sub shop, prosecutors said.

The driver submitted blood and urine samples, which found no drugs or alcohol.

The DuPage County State's Attorney's office said it reviewed materials submitted by the MERIT Major Crash Investigation Team, along with police reports, crime scene videos and photographs, witness statements, toxicology reports, and body cams.

Prosecutors decided not to charge the teen driver.

The driver was issued three traffic tickets – for failure to exercise due care to avoid hitting a pedestrian, failure to yield the right-of-way to a pedestrian on the sidewalk, and failing to decrease speed to avoid hitting someone.

The traffic tickets show the teen driver was responsible for the crash, but the evidence shows neither an intent to harm anyone physically, or reckless driving.