No Charges In Deadly San Jose Nursing Home Crash

SAN JOSE (KCBS) – No criminal charges will be filed against an elderly woman who rammed her car into a San Jose nursing home last summer, killing two people.

Last year on the morning of June 25, 91-year-old Leona Fernandez of Campbell was driving to the Amberwood Gardens Skilled Nursing and Rehabilitation Center to see her ailing husband.

As she went to park her car, Fernandez accidentally stepped on the gas instead of the brake pedal. Her Ford Taurus smashed into the wall of the nursing home, killing 88-year-old Esther Bocanegra and 100-year-old Suzanne Infante.

After a lengthy investigation, the Santa Clara County District Attorney’s Office decided not to charge Fernandez with a crime.

KCBS’ Betsy Gebhart Reports:

“It really boiled down to the fact that she just made a mistake,” said legal analyst and San Jose attorney Steven Clark. “I’m sure the fact that she was 91 years old, had voluntarily relinquished her driver’s license and had really no significant driving problems before this incident also assisted the DA in making the decision not to prosecute.”

Clark said that Fernandez did not deliberately break any laws, like speeding or running a red light. But since she was negligent, he said there will be a civil suit in the case.

(Copyright 2012 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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