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No criminal charges: Police complete investigation into runaway SUV crash that killed 12-year-old Arsema Barekew outside Washington Middle School

A memorial at the site of Arsema Barekew’s death outside the Central District middle school

The Seattle Police Department says the death of 12-year-old Arsema Barekew who was hit and killed by a runaway SUV outside her Washington Middle School in March was a terrible accident and not a criminal act by the vehicle’s driver.

Thursday, the department announced it has completed its investigation into the March 6th tragedy.

“Detectives worked with prosecutors for King County and Seattle and are unable to determine any applicable criminal charges at this time,” an SPD spokesperson said in Thursday’s announcement.

Instead, four parking violations were issued to the 51-year-old woman including municipal code 11.70.140 — “Stopping and securing car when parking.”

The completion of the investigation comes as Barekew’s family has said they have felt neglected by police, the city, and the school district in the wake of the tragedy. They held a memorial march to remember their loved one earlier this month.

While the SPD announcement brings closure on the investigation, it could clear the way for a new phase of litigation though no lawsuit has been announced.

SPD says its senior leadership and Community Service Officers have “met with the family of the deceased and offered available resources.”

The SPD announcement provides more complete details of the crash.

CHS reported here on the Thursday afternoon incident as it unfolded just after 12:30 PM along 20th Place S, S Weller, and the school’s pick-up/drop-off area and parking lot. Police radio updates and witnesses described a terrible incident as a SUV parked outside the school and reportedly unattended began rolling downhill where the child was struck near S Weller.

Police said the student was on the sidewalk outside the school when she was struck and killed.

In its update this week, SPD says multiple students were nearly crushed by the 2018 GMC Acadia.

“Multiple students were walking on the sidewalk along 20th Place South when an unoccupied SUV rolled backwards towards them,” SPD reports. “The vehicle rolled onto the sidewalk, striking three students. Seattle Police and the Seattle Fire Department (SFD) responded and rendered aid to the students. SFD eventually pronounced one of the students deceased.”

The driver was evaluated at the scene. “A Drug Recognition Expert evaluated the vehicle owner and determined she was not impaired,” SPD says.

CHS reported here on the aftermath of Barekew’s death as the community around Washington has raised thousands of dollars to help support the family.

The area of 20th Place and Weller is an unusual and often crowded area where the WMS parking lot meets the city streets and the typically semi-truck filled area outside the neighboring Franz Bakery factory.

School district officials have not addressed why the student was in the area but said she was on her way to recess at the time.

“We want to assure our community that supervision was in place at the time of the incident,” the district said in a statement sent to CHS. “This occurred while students were walking to recess after lunch, which is a regular part of their day.”

City officials, meanwhile, have said that efforts were recently made around the school to improve street safety and better protect walking and biking areas from cars with a Neighborhood Greenway project completed late last year around Washington Middle School, including curb ramp upgrades, speed humps, and new signs. Under the project, better connections to a Central Park Trail utilizing 20th Pl S are listed but apparently not completed.

 

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doug
8 months ago

There should be a way to hold someone responsible for not controlling their 2-ton metal living room on wheels. It is total negligence that caused the death of an innocent child. Cars have caused so much pain in our communities.

MER
8 months ago
Reply to  doug

Hear hear. Seems like this should be considered criminal negligence, at the very least.

Dog Whisperer
8 months ago
Reply to  doug

A person is responsible for this accident, not a car. There is a way to hold the vehicle operator responsible – civil court and the driver’s auto insurance. Happens all the time.

Cdresident
8 months ago
Reply to  doug

The reason it’s completely legal to kill a kid with your car is that all the careless drivers know if they make it illegal it could come back to bite them.

Guesty
8 months ago
Reply to  doug

Yeah, this is ridiculous.

Cap Hill resident
8 months ago
Reply to  doug

Most automatic vehicles do not need their parking brakes engaged to stay put when turned off. I think the real investigation here should be of the car, and the company that made it.

Nation of Inflation Gyration
8 months ago
Reply to  doug

I mean, charges have been filed but trying to work out what a Manslaughter charge will do in prevention from this person again, or sending some kind of larger message to people that engage their E-Brake at all times, I’m just not sure given a ton of factors.

There’s this idea that somehow the scales of justice can be balanced here by going as hard as possible against the…parker? seems a bit far fetched and like an attempt to find order in a disordered society and never finding it.

Blk dog
8 months ago

Reckless endangerment should be charged.

Ken
8 months ago

Here is what I don’t understand: every car I have ever owned required me to put the transmission in Park before I could remove the key. Unless the driver left the keys in the ignition, which is unlikely, the car must have been in Park; therefore the driver was not at fault.

Mariye
8 months ago
Reply to  Ken

putting the car in park is necessary to shut the car off, but setting the parking brake isn’t (at least in the cars I’ve been in) – I would say that not setting a parking brake and not appropriately steering the tires away from the street is negligent.

Crow
8 months ago

Expect multi $Million civil litigation against the perpetrator and (unfortunately) WMS. Civil claims need only a prepondurance of the evidence (50+%) to win, while criminal charges require a much higher burden of guilt, beyond a reasonable doubt. So the the perpetrator will be bankrupted into the stone age unless they have $5 million or more in liability insurance. It’s just money though, no jail time.

Poop Ship Destroyer
8 months ago

Driver will be bankrupted in civil trial, so there’s that.

And Who
7 months ago

Why hasn’t the name of the driver been released?

The vehicle they were driving has a number of safety features that should make this sort of accident… GMC made that model of car to never roll backwards in this sort of situation.

Except…
There are Youtube videos though that describe how to disable the safety feature which would have saved this child’s life. Drivers of the vehicle find the auto-park feature annoying so they will disable it for their own convenience.

Was it a tragic accident, or was it negligence? The parents should suing GMC if the vehicle was at fault.

And who exactly was it? The reports have been scrubbed of the name, which is peculiar.