Driver who hit boy in crosswalk expected to plead no contest

Friday, April 16, 2004 | 9:52 a.m.

The driver who struck and critically injured a 13-year-old boy was expected to plead no contest this morning before Justice Court Judge Nancy Oesterle, the woman's attorney said Thursday.

District Attorney David Roger charged Erin Young, 24, on March 30 with failure to pay full attention while driving. The misdemeanor charge is punishable by a sentence of up to six months in jail and a fine of up to $1,000.

A no contest plea means a defendant acknowledges there is enough evidence to convict and accepts punishment without admitting guilt. Young's attorney, Jack Howard, said his client is entering the plea to avoid putting herself and the boy's family through a contested trial.

"That would cause more pain to both sides," Howard said.

Young will be sentenced this morning after her plea. Roger has said that his prosecutors will not pursue jail time. Howard said his client will likely face traffic school, a possible fine and possibly some other form of punishment.

"I know Judge Oesterle will do the fair thing," Howard said.

Howard said he and his client were "a little surprised" by the charges because the police report cites the boy, Manual Cazares, as primarily responsible for the March 22 accident. Cazares was riding his bicycle in the crosswalk, which is illegal.

But police also found Young to be at fault, according to the report. Young told Metro Police she was reaching for a ringing cell phone and didn't see the boy as he crossed the street.

Roger said there was sufficient evidence to support the charges against Young, but that there was no reason to charge Cazares in the case.

"The sheriff and I declined to file charges against the 13-year-old because he is in serious condition in a local hospital and we didn't feel there was anything to gain in charging him," Roger said last week.

Cazares is now in fair condition at University Medical Center and has been moved out of the pediatric intensive care unit, hospital spokeswoman Cheryl Persinger said.