Prosecutors have decided not to retry a truck driver accused in connection with a crash outside a Mollie Stone’s grocery store in San Mateo after jurors deadlocked on one of two charges in his trial last month. Jurors in March acquitted 44-year-old Carlos Siordia of driving a vehicle in the commission of an unlawful act, one of two misdemeanor vehicular manslaughter charges he faced as a result of the Sept. 22, 2008, crash that killed 9-year-old Tyler Fahy. The jurors, however, deadlocked on the other misdemeanor vehicular manslaughter charge, which was based on criminal negligence. On March 16, Judge Mark Forcum declared a mistrial on that charge, and today granted a motion from the district attorney’s office to not retry Siordia due to insufficient evidence. Chief Deputy District Attorney Steve Wagstaffe said nine jurors believed Siordia was not guilty of criminal negligence. “That’s the community, the jurors, telling us that the case isn’t there,” Wagstaffe said. “That’s a case we would not win on retrial.” Siordia has claimed the brakes failed on the construction truck he was driving when it plowed through the intersection of Olympic and 43rd avenues in San Mateo and struck a sport utility vehicle at about 1:15 p.m. on Sept. 22, 2008. Both vehicles then traveled into the Mollie Stone’s parking lot and hit seven other cars and a pedestrian. Tyler, who was a passenger in the SUV, died at the scene. His mother and two other women were injured. Siordia has been out of custody on a $25,000 bail bond.
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