The cab driver whose taxi slammed into a crowd of people leaving a popular Gaslamp nightclub three months ago will not face criminal charges.
Sam Daly says he doesn't remember anything in the seconds leading up to the Feb. 12 crash outside Stingaree Nightclub that injured 35 pedestrians on the street corner.
"I was going down Sixth Avenue to Stingaree," Daly told NBCSanDiego several weeks after the crash. "I don't remember anything else."
His taxi ended up crashing into dozens of people who had just left the Gaslamp nightclub just before 2 a.m. He says he woke up as people began pulling him from his cab. Daly was punched repeatedly and suffered two black eyes and a broken nose.
"I was gasping, all the blood coming from my nose," Daly said. "I couldn't breathe."
Officers cuffed Daly and controlled the crowd.
Eleven weeks after the crash, investigators announced there was insufficient evidence to support any criminal charges against Daly.
The investigation included reviewing a video tape, a complete inspection of the taxicab, crash damage analysis, compiling and reviewing medical records, toxicology tests, numerous interviews of witnesses and an acceleration study officials said.
Daly said he believes the accident was the result of enormous stress he has been dealing with for the past several months while dealing with a foreclosure and a sister's battle with cancer.
"You are not sleeping good, you are thinking all the time,"said Daly about the stress.
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He's hoping the victims will forgive him, including Dominique Gambale, 45, of Encinitas who nearly lost her leg in the crash.
"I pray for her, I am begging her to forgive me," Daly told NBCSanDiego.
Gamble's attorney says even though the police investigation cleared Daly, "there is certainly a level of responsibility for negligently endangering the public."
Attorney Vince Bartolotta, Jr. says a lack of criminal intent by Daly "is different than recklessly and needlessly endangering" the pedestrians outside that nightclub.
Bartolotta says his client has undergone nine major surgeries to repair her leg and has a tenth surgery scheduled for later this month.
He says she is still is danger of losing her leg.
Daly's attorney Isaac Blumberg released the following statement from his client Wednesday:
“The District Attorney confirmed today there was insufficient evidence to believe Mr. Daly acted criminally. Mr. Daly is relieved, but this finding does not eliminate the pain nor does it remove the sorrow and remorse Mr. Daly deeply feels for the individuals impacted by this unfortunate tragedy. Mr. Daly continues to pray for a full and speedy recovery for all people involved in this incident.”
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