SAN ANTONIO - In January, Brandon Abrams, 6, was struck and killed as he rode his bicycle in his northwest side neighborhood.
The driver of the vehicle that struck him Luis Landin, 17, was initially booked for intoxication manslaughter.
But tests later showed no evidence of either alcohol or drugs in his system.
The Bexar County district attorney presented the case to the grand jury for review considering criminally negligent homicide charges.
The grand jury returned a “no bill," declining to indict Landin.
“The grand jury looked at the case and ... obviously, we’re not present when they deliberate ... but they declined to indict,” said First Assistant District Attorney Cliff Herberg.
Herberg said that a criminally negligent homicide indictment demands evidence of gross negligence, which is difficult to prove at trial.
“Once there was no evidence of alcohol or drug intoxication, that’s really a game-changer for the case,” Herberg said.
That reduced the case to a traffic accident, he said.
“This is a tragedy,” Herberg said. “But the vast majority of car wrecks are just that -- they’re accidents.”
He said that unless new evidence is discovered, it is unlikely that this case will be revisited.
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