Police are continuing to investigate the circumstances
surrounding a car accident Monday that killed 5-year-old Hollister
resident Devon Estrada while he was riding his bike, but said
Tuesday that the driver did not appear to have broken the law.
Hollister – Police are continuing to investigate the circumstances surrounding a car accident Monday that killed 5-year-old Hollister resident Devon Estrada while he was riding his bike, but said Tuesday that the driver did not appear to have broken the law.
Estrada, who was not wearing a helmet, was riding his bike home from a nearby park in the Sunnyslope Village housing complex when 40-year-old Hollister resident Ana Guerrero hit him with her Dodge Durango at the corner of Spruce and Beverly drives, according to police.
“We’re not anticipating any arrests at this point based on the way our investigation is going,” said Hollister Police spokesman George Ramirez. “It doesn’t appear that she did anything criminal.”
Guerrero, who could not be reached for comment Tuesday, did not appear to have been drinking or speeding based on eye witness reports and cooperated with police, according to officials.
Neighbors said Guerrero was turning left at a four-way stop from Spruce onto Beverly and struck Estrada just before 11am while he was crossing the street. The bike became twisted and lodged underneath the car and was dragged several feet. Estrada was taken by ambulance to Hazel Hawkins Hospital minutes after the accident, but police do not know when he died.
Ramirez said police are still investigating whether or not Guerrero’s vehicle was in the crosswalk at the time she struck Estrada, however had few other details to offer pending the completion of their investigation. Residents attempted to give Estrada CPR before paramedics arrived, and while the San Benito County Sheriff’s Department will be conducting an autopsy today, as of press time Tuesday the cause of death was unknown, according to Detective Johnny Pena.
The boy’s parents, Rebecca Valdez and Jose Estrada, could not be reached for comment, however a family friend said they were making funeral arrangements in Gilroy on Tuesday.
Sunnyslope Village residents said that traffic has been a problem in the neighborhood for a long time. It is a particular concern given the proximity of the park – which is often crowded with children – to the road, and the fact that school children who ride the bus are picked up and dropped off along Spruce Drive. Residents said cars routinely drive through the area at 40mph or faster.
In the past, residents have considered looking into installing speed bumps like those recently added to Clearview Drive, and several indicated that they would be circulating a petition around the neighborhood demanding local government step in and help with the problem, which was underscored by the recent accident.
District Attorney John Sarsfield has not yet reviewed the case, but said his office has charged others in similar situations with vehicular manslaughter in the past.
“If there is evidence of negligence, then charges will be brought,” he said. “But not every accident involving a fatality is prosecuted. Sometimes it is truly an accident and nobody is negligent.”
Police are urging additional witnesses of the incident to contact Detective Tony Lamonica at the Hollister Police Department at 831-636-4330.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
