No charges filed in Burlingame crash that killed 4 year old, prompting calls for justice

Rally for Ayden Fang after DA decides not to pursue charges

Safety advocates and community members gathered in downtown Burlingame to call for accountability after the San Mateo County District Attorney’s Office announced it would not file charges against the driver who struck and killed 4-year-old Ayden Fang last summer.

Burlingame - Safety advocates and community members gathered in downtown Burlingame to call for accountability after the San Mateo County District Attorney’s Office announced it would not file charges against the driver who struck and killed 4-year-old Ayden Fang last summer.

What we know:

Police say Ayden was killed in August after a 19-year-old driver exited a parking lot across the street from Truffle Poke Bar, collided with an e-bike and accelerated onto the sidewalk, striking Ayden and a 6-year-old girl who was injured but survived.

At the rally, an advocate placed what he called "ghost shoes" at the site to memorialize the child.

The District Attorney’s office said in a statement: "We have reviewed the police reports and no charges will be filed since the evidence is not sufficient to prove beyond a reasonable doubt that the suspect driver acted with criminal negligence, which is required to prove vehicular manslaughter. It is a tragic case, but prosecutorial ethics does not allow us to file charges."

Prosecutors said the decision was based on police reports, witness statements and available video evidence, and that no additional evidence was missing that would support criminal charges.

"Obviously, there was a mistake that was made here, but in order for somebody to be held criminally accountable, it has to be beyond what an ordinarily careful person would make," Rebecca Baum, an assistant district attorney said. "I certainly understand all of the feelings that are out there, but ultimately it is our job to decide whether or not a jury would convict. Otherwise we cannot file charges"

Community pushback :

Advocates criticized the decision, saying it sends the wrong message to families and drivers.

"I just don’t know what a victim’s family tells their kid when somebody kills unnecessarily and there’s no legal consequence," Mike Swire of Move San Mateo said. 

Foster City Councilmember Phoebe Venkat also attended the rally.

"I’m not a lawyer, I’m not in law enforcement, but saying we don’t feel like we could get twelve people to come to this decision, I find that interesting," Venkat said. "As I’m talking to different people, I’m getting very nuanced conversations, feedback and details."

Another advocate with Move San Mateo said the group believes charges should have been filed.

"In this case, justice to us means charging the driver with vehicular manslaughter," Max Mautner said. "Anything less than that is not justice."

Advocates say they plan to continue pushing for stronger traffic safety measures in Burlingame and surrounding communities.