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No charges for driver in fatal California Street collision  

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Police say they can't determine who was at fault -- the driver or the pedestrian -- in the Sept. 15 that resulted in the death of an Illinois man. No charges will be filed against the driver in the incident.

Joshua Baker was crossing California Street about 500 feet west of Castro Street at about 10:23 p.m. when he was hit by a Toyota Camry traveling between 35 to 40 miles per hour, according to Mountain View Police Department spokesman Sgt. Sean Thompson. Neither the speed of the vehicle nor the sobriety of the driver was a factor.

"Based on driver and witness statements, evidence at the scene, the type of injuries sustained, the damage location on the vehicle and all investigative accident tools used, the primary collision factor could not be established to a reasonable certainty," Thompson wrote in an MVPD press release. "The Santa Clara County District Attorney's office has reviewed this case and determined that no charges will be filed against the driver of the vehicle."

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Comments

Posted by commuter, a resident of the Old Mountain View neighborhood, on Oct 12, 2012 at 12:33 pm

Unfortunately, in cases like this the cops only hear the car driver's side of the story. Very difficult to prove guilt unless the driver is DUI. At least the driver stayed at the scene so the victim did not have to die alone in the street.


Posted by OK, a resident of the The Crossings neighborhood, on Oct 12, 2012 at 1:02 pm

Its a sad situation, but I think the right outcome from what I have read


Posted by gcoladon, a resident of the Slater neighborhood, on Oct 12, 2012 at 2:23 pm
gcoladon is a member (registered user) of Mountain View Online

It's always a shame, and sad, when accidents like this happen.

Sometimes, it's not really anyone's fault, but something went wrong anyways.


Posted by NeHi, a resident of the Cuesta Park neighborhood, on Oct 12, 2012 at 5:00 pm

Walking in front of moving vehicles has never been a good idea. I always try to avoid it.


Posted by Otto Maddox, a resident of the Monta Loma neighborhood, on Oct 13, 2012 at 2:50 pm
Otto Maddox is a member (registered user) of Mountain View Online

"Unfortunately, in cases like this the cops only hear the car driver's side of the story."

If the driver is smart he doesn't say a word.. remaining silent is always better than trying to explain anything (innocent or guilty) to the police.


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