DA won’t prosecute man in crash

A young man who was arrested at a soccer game in Golden Gate Park on Sunday after police received witness report that he cut off a car, causing a fatal crash, will not be prosecuted.

Chief Assistant District Attorney Russ Guintini announced Tuesday in a brief written statement, “At this point, there is no evidence of any wrongdoing on anybody’s part. We simply do not know why the victim’s vehicle veered off course, whether it was due to a mechanical failure or a medical issue.”

Police reported Monday that a witness driving behind Brian McCarthy, 19, of Millbrae, had seen him change lanes on Brotherhood Way near Chumasero Drive. According to police, the witness saw McCarthy cut off a truck. The truck lost control, hit the median, flipped and hit a tree. Two people died, and one was seriously injured.

The witness followed McCarthy to Golden Gate Park, where McCarthy was arrested while playing in a soccer game at the Beach Chalet fields shortly after 11 a.m.

But on Tuesday, the District Attorney’s Office reported there was insufficient evidence to prosecute.

“The investigation did not show physical evidence that the young man caused the crash,” District Attorney's office spokeswoman Debbie Mesloh said.

Inspector Matt Krimsky of the department’s hit-and-run detail said Tuesday, “In terms of the legality of the arrest, we have more than enough probable cause and

suspicion of wrongdoing to arrest the suspect. The DA’s office just didn’t feel they could win the court case.”

Krimsky said a witness told McCarthy that he thought McCarthy had caused the accident.

“McCarthy denied it and left,” Krimsky said.

When police arrived at the Beach Chalet Fields, McCarthy came forward voluntarily, saying “I’m the one you're looking for,” police reported. He was initially booked on one count of noncontact hit-and-run and two counts of vehicular manslaughter.

The driver, Sheung Chow, 66, and front-seat passenger, Bing Song Mo, 49, both of San Francisco, were killed. Another passenger, a 54-year-old Asian man, was sitting in the rear seat. He was taken to San Francisco General Hospital with life-threatening injuries, police reported.

amartin@examiner.com

If you find our journalism valuable and relevant, please consider joining our Examiner membership program.
Find out more at www.sfexaminer.com/join/

Just Posted

A cable car on the Powell-Hyde line ascends Russian Hill at Hyde and Chestnut streets. (Kevin N. Hume/S.F. Examiner)
Streetcars and cable cars to return later this year

F-line coming back in May, while Powell/Hyde will be restored in the Fall

The San Francisco Police Department released body camera footage of the alleged assault on Dacari Spiers. (Via SFPD Body Cam)
SF police officer to stand trial for assault over baton beating

A San Francisco police officer who prosecutors say unnecessarily beat a man… Continue reading

A cyclist rides through the empty Christmas Tree Point parking lot at Twin Peaks on Friday, Jan. 22, 2021. (Kevin N. Hume/S.F. Examiner)
SFMTA board approves new plan for Twin Peaks Boulevard

Cuts vehicle-free space by half. Neighbors say crime, vandalism will still abound

(Kevin N. Hume/S.F. Examiner)
Study finds housing homeless in hotels during pandemic eases burden on hospitals

Amina Khan Los Angeles Times San Francisco researchers have found an effective… Continue reading

Cities including San Francisco, Oakland and Berkeley are calling for large grocery and drug store chains to pay employees hazard pay for working during the COVID-19 pandemic. (Shutterstock)
SF proposes $5 hazard pay law for grocery, drug store workers

San Francisco may soon join the growing number of cities requiring large… Continue reading

Most Read