"The evidence and the law led us to the inescapable conclusion that this is a tragedy, but this is not a crime," Anthony Voci, Chief of Homicide at the Philadelphia District Attorney's Office, said Wednesday.
Voci said they thoroughly investigated this case along with police in the months since the accident. They looked at surveillance footage, cell phone data and text messages from the driver before reaching their decision.
The accident happened back on May 18 at the intersection of 10th and Shunk streets. Eleven-year-old Julian Angelucci was killed when he collided with the SUV.
The D.A.'s office said a speed analysis showed the driver of the black SUV was traveling westbound on Shunk going about 21 mph in a 25 mph speed zone. Officials said she slowed down as she approached the intersection, but did not make a complete stop.
"She did what's called a rolling stop through the intersection and Julian is coming down the sidewalk. He comes off the sidewalk, and he does not stop before he enters Shunk Street," said Voci.
Voci said it was just past the intersection that Angelucci's bike crashed into the side of the SUV. He was thrown to the ground.
Voci said contrary to what was initially thought, the driver, a woman from New Jersey, did not leave the scene.
They have corroborated her story using cell phone data that she remained and called 911 several times to report the accident. They also point to footage taken by Chopper 6 shortly after the accident.
"We obtained the aerial footage from your television station and we actually saw that the driver of the SUV was on scene following the accident," Voci told Action News.
However, due to all the chaos at the scene and the officers' focus on attending to the child, Voci said the driver decided it best to go to the nearest police station at 11th and Wharton streets and report the accident about an hour later.
"There was nothing in her conduct that could be deemed criminal," said Voci.
Angelucci's family does not agree with this decision.
"It's mind-boggling," said Julian's mom Nina Angelucci. "And obviously, she wasn't accountable because she blew the stop sign. They gave her a ticket for that, but how can there be no criminal charges? I don't understand."
She said, as far as she's concerned, this is not the end of it.
"I'm not happy with that and I'm not going accept that. I'm not going to accept it," she said.
Nina Angelucci said she will consult with her family and lawyer to see what recourse they might have and determine what they will do next.
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