Driver who struck boy riding his bike did not appear to have
broken the law, police say
Hollister – Police are investigating a car accident Monday that killed a 5-year-old bicyclist, but said Tuesday that the driver did not appear to have broken the law.
Devon Estrada, who was not wearing a helmet, was riding his bike home from a nearby park in the Sunnyslope Village housing complex when Hollister resident Ana Guerrero, 40, 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.
Eyewitnesses said Guerrero did not appear to have been drinking or speeding, and officials said she cooperated with police. Guerrero could not be reached for comment.
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.
Ramirez said police are still investigating whether or not Guerrero’s vehicle was in the crosswalk at the time. Residents attempted to give Estrada CPR before paramedics arrived. An autopsy was being performed Tuesday, but as of press time the cause of death was unknown.
The boy’s parents, Rebecca Valdez and Jose Estrada, could not be reached.
Sunnyslope Village residents said that traffic has been a problem in the neighborhood for a long time, especially given the proximity of the park and road. Children who ride the bus are also picked up and dropped off along Spruce Drive. Residents said cars routinely drive through the area at 40mph or faster.
Several residents said the recent accident would prompt them to circulate a petition around the neighborhood demanding help from local government. One possible solution could be speedbumps, like those installed recently on Clearview, residents said.
District Attorney John Sarsfield has not yet reviewed the case, but said his office has charged others in similar situations with vehicular manslaughter if the driver was negligent.
“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.”
Witnesses may contact Detective Tony Lamonica at the Hollister Police Department at 831-636-4330.
