Michigan Mother Devastated After Driver Who Killed Toddler Son Won't Face Charges
Gogebic County prosecutors declined to file charges, citing an 'unattended' child, a decision that has sparked local outrage and a vigil.
A Michigan mother is grappling with unanswered questions and profound grief after prosecutors decided not to press criminal charges against the driver who struck and killed her two-year-old son. Darwin Olson was hit by a car on March 19 at 5 a.m. outside his grandmother's home in Ironwood, Michigan, and was pronounced dead at the scene.
The boy had been staying with his grandmother the previous night. His mother, Jessica Fernandez, told KBTX that she received a call around 7 a.m. asking if she had picked up her son. Upon learning he was missing, she raced to her mother's home, only to be stopped by police barricades.
"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 recounted. Images from the scene depicted heavy snowfall in the area where the incident occurred.
The Gogebic County Prosecutor's Office stated that a review of the case found the child had been left "unattended." This week, prosecutors announced their decision not to file charges against the driver, a move that Fernandez finds baffling.
"That’s the biggest thing is just I have all these questions, and it feels that no one wants to answer them for me," Fernandez said. She also stated that the Gogebic County Sheriff's Office had not disclosed the driver's identity to her, only providing the driver's gender and vehicle type.
Gogebic County Sheriff Jorge Cruz, however, told KBTX that a full police report, including the driver's identity, was provided to Fernandez's attorney. Cruz also confirmed that a thorough investigation was conducted, examining "the circumstances in which the toddler was unattended."
Fernandez expressed dissatisfaction with the explanation from officials, relaying that the prosecutor stated he "didn’t think he could win the case" and that "they didn’t present anything criminal with my son’s case."
The decision has ignited anger within the community, leading to a protest and candlelight vigil outside the Gogebic County courthouse, where demonstrators held signs reading "Justice for Darwin."
"I just miss him all around," Fernandez 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."