SAUKVILLE, Wis. — The Ozaukee County District Attorney's office announced Tuesday it will not file criminal charges against a 74-year-old driver who struck and killed a woman in a Saukville Walmart parking lot in October.
Previous coverage: Family, friends honor woman killed in Saukville Walmart parking lot crash
Mailee Xiong Hang died when the driver hit her while she was loading groceries into her car in the parking lot. Hang's sister, Mai Xiong, recently took to social media calling for justice in her sister's death and urging prosecutors to file charges.
However, District Attorney Benjamin Lindsay said his office, along with the Saukville Police Department, met with Hang's family on Tuesday to inform them of the decision not to pursue charges.
Watch: Family, friends honor woman killed in Saukville Walmart parking lot crash
"Having thoroughly reviewed the evidence and considered various potentially applicable violations, the Ozaukee County District Attorney has determined that the facts of this case do not support criminal charges," Lindsay said.
According to the release, witness statements and surveillance video supported the driver's claim that the crash happened after she mistakenly stepped on the accelerator instead of the brake. A review of her cellphone showed no evidence she was distracted at the time of the crash.
The driver remained at the scene, cooperated with law enforcement and consented to provide a blood sample, Lindsay said. She had no history of reckless or negligent driving, held a valid driver's license at the time of the incident and had no criminal history or traffic violations on her Wisconsin driving record.
"A thorough review of the evidence shows the crash causing Ms. Hang's death was a tragic accident. [The driver] lost control of her vehicle with catastrophic consequences," Lindsay said. "While these actions may constitute ordinary negligence, there is insufficient evidence to show that [the driver] was criminally negligent. As such, the state would likely be unable to meet its burden to prove a criminal offense beyond a reasonable doubt."
The 74-year-old driver will undergo a Driver Condition or Behavior Report with the Wisconsin Department of Transportation (DOT) to determine if she can safely operate a motor vehicle in the future. DOT records show the driver has surrendered her driver's license.
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