DA not charging driver who killed Supervisor Wilma Chan; successor faces trial

The Alameda County District Attorney's Office says it will not be filing charges against the driver who hit and killed Supervisor Wilma Chan.

Chan died almost one year ago while walking her dog near the corner of Grand and Shoreline Drive in Alameda. 

The driver remained on scene and cooperated with police.

DA Nancy O'Mally said investigators looked into the deadly crash and saw no reason to file charges against the driver.

Meanwhile, Alameda County Supervisor Dave Brown, who filled Chan's seat, will stand trial next month in a legal challenge over whether he is eligible to sit on the county board of supervisors to represent District 3.

The first phase of the trial begins Dec. 6 before Alameda County Superior Court Judge Michael Markman.
The Alameda County Taxpayers' Association and other citizens allege Brown was required to be a resident of Alameda County for a year before the Board of Supervisors voted for him to take on Chan's role, said attorney Jason Bezis in an email on behalf of the group seeking to unseat Brown. 

That association, as well as the citizens argue that the county Administrative Code requires a one-year residency. 

Elected officials must be a resident of Alameda County for a year before their election. County officials argue that Brown was "appointed" so the one-year residency requirement fails to apply, according to a letter to Bezis from County Counsel Donna Ziegler. 

But the taxpayers group and others argue that Brown was "elected" by the Alameda County Board of Supervisors in a 3-0 vote. The group and others also argue that the word "elected" has a broader meaning that includes the action taken to seat Brown.

In addition, those trying to unseat Brown allege he did not meet the 30-day residency requirement in California law. 

The taxpayers group maintains Brown was a registered voter in Contra Costa County until "four days before his rushed, illegal appointment," in an opening brief filed for the Dec. 6 hearing.

Bay City News reporter Keith Burbank contributed to this report.