Hit-and-Run Victim Upset After DA Declines To Charge 82-Year-Old Driver - NBC 7 San Diego

Hit-and-Run Victim Upset After DA Declines To Charge 82-Year-Old Driver



    Hit-and-Run Victim Upset After DA Declines To Charge Driver

    NBC 7's Erika Cervantes spoke to the victim who is recovering from his fifth surgery associated with the accident. (Published Friday, Oct. 5, 2018)

    A South Bay motorcyclist seriously injured after getting hit by a car is searching for answers after the District Attorney’s office declined to bring charges against the driver who hit him.

    David Franco, 26, was riding his motorcycle to work back in May when he was hit by a car at the intersection of Ash Street and 5th Avenue downtown.

    Franco said the 82-year-old driver of the car that hit him should be facing serious charges, but the DA’s office told NBC 7 no charges will be brought.

    Franco is still recovering from injuries he sustained in the crash. His doctors say he has permanent brain damage. His wrist was dislocated and he won't regain full use of his left hand and arm.

    He just had surgery on his knee -- the fifth operation of his recovery saga.

    "All the pills they've given me, it's still not enough. I have pain every day,” he said. "My doctor already considers me permanently handicapped so that's one thing. It's hard to take out of my head because I was so active every day."

    The San Diego Police Department said that on May 13, an 82-year-old man ran a red light and slammed into Franco’s motorcycle. Investigators said Franco flew through the air and landed head first under a car.

    "When I heard I was in a motorcycle accident, I was like, ‘I've been riding since I was three years old, how did I get hit.’"

    The driver was facing felony hit-and-run charges for not stopping after the accident. He was pulled over a few blocks away from the crash.

    The DA’s office told NBC 7 that the case was under review but it ultimately decided against charging the driver, according to an office spokesperson. The spokesperson couldn’t say why they declined, but said “we can only file charges in a case when we believe we can prove them beyond a reasonable doubt.”

    Franco is having a hard time understanding how they can’t prove anything.

    Franco says he used to work 3 jobs. Now he's wheelchair-bound and can't work. He says the decision not to charge the man that hit him with a felony is not right.

    "It wasn't my fault, why am I the one suffering right now?” he asked.

    A GoFundMe page has been set up to help Franco manage his medical expenses.

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