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I sure hope so, the kid basically ran into traffic. No crosswalk, completely unsupervised.
Ran into traffic?
The driver struck a slow moving child who witnesses said had stepped off the curb and into the street. Stepped, not ran. The car then struck him before his brother could pull him back. There is no law against what these parents did. The driver on the other hand had an obligation to be aware of her surroundings including the children on the sidewalk beside the street who might step or fall into the street.
It also doesn't matter if the child was unsupervised. Did your parents keep you on a leash? Do you keep your kids on a leash? Even if the parent was there, the child could still have stepped off the curb and been killed. If the brother wasn't fast enough to pull him back, then then there is no basis to assume that the parent necessarily would have been.
Kids, unsupervised or not, do dumb things. The onus is on the driver to slow down when a potential hazard is spotted and to take steps to avoid it. Now, without more information about the setting I cannot say whether or not the driver should be charged. Maybe the kid wasn't visible to the approaching driver, for example. But if the parents are being charged when there is no crime or real negligence, then the driver should be too and the courts can sort it out.
Yeah I agree it's fucked up that the parents are in trouble and the driver isn't. The article says the driver is 76... The father probably was jailed mostly for having the wrong skin color.
I walked to school more blocks than that at a younger age. The article says the state doesn't have laws that specify what age the kids must be supervised at to leave their own home. This happened mere blocks from where they lived.