Family members upset after no charges filed against driver in fatal accident

Community members protest in front of the McLean County Law and Justice Center Sunday for Pedro and Alejandro Guerrero, who were struck and killed in Oct. 2013 while walking along a country road. (Photo courtesy WMBD 31)

By Joe Ragusa

BLOOMINGTON – The family of two pedestrians killed in a traffic accident say they want charges filed against the driver who hit them.

Relatives of Pedro and Alejandro Guerrero rallied Sunday at the McLean County Law and Justice Center over the decision not to prosecute a driver who struck and killed the two in Oct. 2014.

State's Attorney Jason Chambers said there wasn't anything they could charge the driver with.

"Is there excessive speed involved? Is there alcohol involved? Is there drugs involved? Is there a cell phone or texting involved? Or did they try to conceal the identity of the driver? All of those were absent in this situation," Chambers said.

Chambers said the driver, whose name has not been released, did leave the scene after initially stopping, but he returned less than 10 minutes later and cooperated with authorities.

Protest organizer Sonny Garcia said some community members believe the driver wasn't charged because both victims were Latino. Chambers said the decision not to file charges was not based on race.

"For me to charge someone just because (the victims) were minorities, that would be racist," Chambers said. "It seems to me that some folks have started to become the very thing that they're advocating against, and that's unfortunate."

Chambers said Pedro, 27, and Alejandro, 2, were walking on an unlit country road shortly after sunset in black clothing before they were hit, and several witnesses said before the accident, they had to swerve out of their lane of traffic in order to avoid hitting them.

Messages to the McLean County Sheriff's Office Monday morning have not been returned.

CORRECTION: A previous version of this article stated the crash happened Oct. 2013, when it actually happened Oct. 2014.

Joe Ragusa can be reached at [email protected].

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