GLEN BURNIE, Md. (WJZ) — After a review of various footage of the incident, the Anne Arundel State’s Attorney’s Office will not prosecute a driver accused of striking a crossing guard and driving away in Glen Burnie last week.
Police said 32-year-old Joe Hernandez assaulted a school crossing guard by intentionally hitting her with his blue Tesla. He was arrested and charged with seven violations — including reckless driving, negligent driving and failure to render aid to an injured person.READ MORE: Growing Number Of Covid Deaths Among Vaccinated In Maryland Linked to Diabetes; Hogan Pushes Booster Shots As State Prepares To Vaccinate Children
Based on the footage reviewed, State’s Attorney Anne Colt Leitess says there is no evidence to prosecute any of the charges. She said in a statement that while there is evidence contact was made between the car and the guard, it wasn’t the result of a “reckless or intentional act.”
Leitess said it appears the driver was straightening his wheel and attempting to back out of the crosswalk when the contact happened, and there was “no indication he failed to obey a traffic control device.”READ MORE: At Least 10 People Shot, 1 Killed, Over The Weekend In Baltimore
An officer on the scene saw Hernandez and the guard argue about what had happened after the contact, which reportedly indicated to the officer that there was “unlawful physical contact.”
Leitess said that “there is ultimately no evidence that the driver was told to pull over or that he was otherwise put on notice that the crossing guard had suffered any bodily injury.”MORE NEWS: 'It's Very Inappropriate': Cell Phone Video Captures Sex Act In Woodlawn High School Class
Because the contact was not intentional or reckless, Leitess said, the office has decided to enter all charges “Nolle Prosequi,” or “unwilling to pursue.”