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

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