The mother of a Michigan toddler killed by a car says she is devastated after prosecutors decided the driver will not face criminal charges.
Jessica Fernandez said the decision has left her struggling with unanswered questions following the death of her two-year-old son, Darwin Olson.
Darwin was struck at about 5am on March 19 outside his grandmother’s home in Ironwood, Michigan. He was pronounced dead at the scene.
Fernandez told KBTX that Darwin had spent the previous evening at her mother’s house. The next morning, she woke to a 7am call asking whether she had already arrived to collect him.
When Fernandez replied that she had not, she said her mother began screaming and told her that Darwin was missing.
Fernandez rushed to the house, but emergency barricades and police vehicles stopped her from reaching the scene. She said she immediately feared the child was her son.
‘I got out of the vehicle and I said, “Is he OK?” And (an officer) told me, “No, he’s not.” And I said, “Is he alive?” And he told me, “No,”‘ Fernandez recalled.
The Gogebic County Prosecutor’s Office said its review determined that the child had been left ‘unattended.’ Images from the scene also showed heavy snowfall in the area where the collision occurred.
Two-year-old Darwin Olson was killed on March 19 in Ironwood, Michigan, after being struck by a car at about 5am outside his grandmother’s home
Darwin’s mother, Jessica Fernandez, said she is heartbroken after prosecutors declined to charge the driver who struck her son
Prosecutors announced this week that they would not bring charges against the driver, a decision Fernandez said she cannot understand.
‘That’s the biggest thing is just I have all these questions, and it feels that no one wants to answer them for me,’ the mother said.
Fernandez said the Gogebic County Sheriff’s Office did not provide the driver’s name. She was told only that the person was a man and was given a description of the vehicle.
The sheriff’s office disputed this to KBTX, and said a full police report with the driver’s identity was given to Fernandez’s attorney.
Gogebic County Sheriff Jorge Cruz said investigators conducted a comprehensive inquiry, including an examination of ‘the circumstances in which the toddler was unattended.’
Our News Outlet has contacted the sheriff’s office for comment.
Darwin was struck by a car at about 5am outside his grandmother’s home in Ironwood, Michigan, on March 19 and was pronounced dead at the scene
The Gogebic County Prosecutor’s Office said its review found that Darwin had been left ‘unattended,’ while scene images showed heavy snowfall at the time of the crash
The decision not to charge the driver prompted outrage locally, with residents holding a protest and candlelight vigil outside the Gogebic County courthouse
Prosecutors ultimately declined to file charges, but Fernandez said officials’ explanation did not satisfy her.
‘Their words were that he didn’t think he could win the case,’ she said.
‘When I called, he had told me that they didn’t present anything criminal with my son’s case.’
The decision sparked outrage in the area, and a protest and candlelight vigil was held outside the Gogebic County courthouse.
Protesters were seen at the vigil with signs reading, ‘Justice for Darwin.’
Fernandez said she has been left heartbroken. ‘I just miss him all around,’ she said of her son.
‘I’ll never get to see those milestones or anything that you would hope to see when your child grows up.’
