Criminal Charges Urged in Crushing of 2 Pupils

By JACK LEONARD and DANIEL YI

March 31, 2002 12 AM PT

TIMES STAFF WRITERS

A criminal investigation into the deaths of two Anaheim elementary schoolchildren crushed by a car as they waited to be picked up from class this month has concluded that the driver should face manslaughter charges, police said Saturday.

Traffic investigators concluded that Maria Juarez, 50, never intended to plow her car into the two girls, who died after being pinned against a wall at Centralia Elementary School, said Anaheim Police Sgt. Rick Martinez.

But detectives also determined that Juarez could have prevented the March 12 accident, so she should be held criminally responsible for the girls’ deaths, Martinez said. “We believe that it was an accident, tragic as it was, but that it could have been avoided,” he said.

Martinez said investigators ruled out mechanical problems as a factor in the accident. But he said he could not elaborate on how detectives decided the crash could have been avoided.

Investigators said they plan to present their case to the district attorney’s office this week. Though prosecutors usually give special weight to police recommendations, it is not unusual for them to reject the advice.

Juarez was picking up her grandchildren from the school when she lost control of her car. The vehicle jumped a curb and plowed into a congested pickup and drop-off zone in front of the school. Nidia “Liz” Curiel, 6, of Anaheim and Bianca Perez, 7, of Buena Park were killed.

The crash prompted calls to improve traffic safety at the school’s entrance, where parents and neighbors long complained about dangerous traffic jams at the start and end of each school day.

Bianca’s aunt, Martha Herrera, said Saturday that she favored criminal charges against Juarez. A prosecution, she said, would send a clear message to other drivers that they should be careful around children. “That’s going to be good for other people to think about when they’re behind the wheel,” Herrera said. “She should pay for what she did. They shouldn’t let her out free to do it again. I don’t want anyone to go through what we’re going through.”

Nidia’s father, Armando Curiel, 27, agreed: “All we want is justice for the little girls. They did not deserve to get what they got.”

Curiel said he has hired a lawyer to conduct his own investigation into the crash.

Police, Martinez said, were aware that relatives and friends of the bereaved families wanted Juarez prosecuted. But he said investigators made their decision by focusing on the merits of the case. “We don’t go with public opinion,” he said. “We go with what the law is.”

Juarez, who has not been arrested, could not be reached for comment Saturday.

Her driving history includes a 1999 speeding ticket and two minor accidents, according to state records.