Friday, April 16, 2004 | 11:04 a.m.
The driver who struck and critically injured a 13-year-old boy pleaded no contest this morning to one misdemeanor charge of failure to reduce speed in certain circumstances.
Erin Young, 24, told Metro Police she was reaching for a ringing cell phone and didn't see the boy as he crossed the street.
"I don't believe I was at fault," Young, a sales and marketing consultant for a local construction company, said outside the courtroom. "I believe the D.A. was trying to make an example of this."
Young, who was driving a Toyota 4-Runner at the time, hit Manuel Cazares as he was riding his Huffy bike March 22 in a crosswalk on Tropicana Avenue near Sacks Drive.
Police said cars in two other lanes stopped, but Young said she did not see Cazares.
Initially, charges were not expected to be filed in the case, as the preliminary findings of the police investigation found that both the driver and the cyclist had responsibility.
District Attorney David 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 (Bill Young, no relation) 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.
Erin Young's attorney, Jack Howard, said he and his client were "a little surprised" by the charges because the police report cites the teen as primarily responsible for the March 22 accident because he was illegally riding his bicycle in the crosswalk.
Howard said his client entered 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 Thursday.
Young paid $1,220 in restitution to Cazares' family, which came at Howard's request in lieu of a $1,000 fine, the maximum for a misdemeanor criminal traffic charge.
Manuel Cazares is still at University Medical Center. He's in fair condition.
In addition to the restitution, Justice of the Peace Nancy Oesterle ordered Young to attend traffic school within the next 30 days. If Young fails to attend the school or is issued a citation before her case is closed, Oesterle told Young she would send her to jail for 90 days.
In the no contest plea Young acknowledged there was enough evidence to convict her but did not admit guilt.
Young and her husband, Pete, a 34-year-old project engineer, said they thought the real issue was the safety of the crosswalk, which is in the middle of the block and has yellow blinking lights and signs warning drivers to watch for pedestrians. Because it is not in a school zone, there are no crossing guards.
"It's just not a safe place," Pete Young said, adding that there needs to be a stoplight placed there. "By putting a crosswalk there they are tempting people to cross in a dangerous place."
Erin Young agreed, adding that she would like to see the crosswalk changed.
"Every angle of this is devastating. Being here is devastating," she said. "If something good can come out of this, then that's what we want to happen."
The couple, who have an 8-year-old son, said they have been praying for Cazares and have been trying to raise more money for the boy's medical expenses.
Howard said Young's insurance, AAA, has also been put on notice about the accident and he expected the company to settle the case for the maximum amount.
"He (Cazares) still needs help and we are going to do whatever we can to help him," Erin Young said.
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