On July 12 at the Truxtun Extension and Mohawk Avenue, a driver ran a red light, causing a five-car pile-up. Jackie Van Cleave, 75, was in one of the cars. She died from her injuries.
The death never was publicly reported by the Coroner's Office and now, 17 News discovered, the driver who admitted causing the accident by running a red light received only the traffic citation -- no further charges were filed.
"We were on our way to an art class," said Mallory Torrigiani.
Torrigiani is Van Cleave's granddaughter and was in the car with her the day of the accident. The crash sent Van Cleave to the hospital; Ten days later she died.
Bakersfield police said the driver if the pickup that hit the Torrigiani vehicle was Richard Carr Jr.
The police investigation concluded he caused the accident, a conclusion based in large part on Carr's own admission he ran the red light because he was simply not paying attention.
Police recommended charges of vehicular manslaughter without gross negligence be filed against Carr.
But the DA didn't file, deciding the evidence was insufficient.
"Many times when we look at these cases, we need something more than just an accident, or more than simple negligence," said Deputy District Attorney Mark Pafford. "And that's what we had in this case ... inattentiveness for a brief second. He ran the red light, tried to miss the car, but didn't."
Carr only received tickets for running a red light and making an unsafe movement in traffic.
The Torrigiani family doesn't think that's fair. "So, you can just tell people to not pay attention and it's okay? I don't think it sets a good example," said Torrigiani.
But Pafford says sometimes prosecutors have to think like jurors, and in most cases like this, a jury will find the person not guilty. But he says, that doesn't mean the family can't file a civil suit.
Pafford says Carr has no criminal history, or record of driving recklessly.
Carr did attempt to call Torrigiani and her family, saying he wanted to visit Van Cleave while she was in the hospital, but they didn't return his call.
