No charges for firefighter who ran over San Francisco plane crash survivor

[News_Editor]

SAN FRANCISCO, CALIFORNIA (BNO NEWS) -- A California firefighter who accidentally ran over and killed one of the survivors of the Asiana Airlines crash in San Francisco in July will not face criminal charges, prosecutors said on late Friday after reviewing the circumstances surrounding the death.

The accident happened on July 6 after Asiana Airlines flight 214 struck a seawall and crashed on approach to runway 28L at San Francisco International Airport, killing two Chinese students. A third girl, 16-year-old Ye Mangyuan, was injured but survived the crash until she was run over by a fire truck.

San Mateo County District Attorney Stephen Wagstaffe said Friday that his office concluded there was "no criminal culpability" for any of the emergency workers who responded to the crash. "The death of 16-year-old Ye Mengyuan was a tragic accident that did not involve any violation of our criminal laws," he said.

Wagstaffe added: "The remarkable efforts of the San Francisco firefighters and police officers in responding to this very chaotic scene and in attempting to save hundreds of lives while exposing themselves to potentially life-threatening circumstances were considered in our review. Our conclusion remains that it does not involve criminal liability in any manner."

Anthony Tarricone, an attorney representing the victim's family, previously criticized first responders for abandoning Ye and "leaving her in harm's way." She was covered with foam when she was run over by the truck, and the coroner concluded Ye suffered crushing injuries and internal hemorrhaging that are consistent with being run over by a motor vehicle.

"Having arrived at the conclusion that there is no criminal liability for anyone involved in this July 6 incident, my office deems this case closed at this time," Wagstaffe said in an e-mail. He added that his office came to the conclusion after reviewing police reports, firefighter reports, reports from other first responders, the conclusions from the coroner, and content of numerous videos of the scene.

Asiana Airlines flight 214 was about to finish a 10-hour flight from Incheon International Airport in South Korea when it crashed in San Francisco. Investigators say the pilot had made a last second request to abort the landing, just 1.5 second before the aircraft struck the seawall that separates the San Francisco Bay from the beginning of runway 28L.

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[NeverSure]

Fair enough. Not criminal but rather an accident.

Now wait for the civil lawsuit for the loss of the girl by the family. The SF Fire Department will settle that one out of court for big bucks.

[Ulysses G.]

Very sad, but no charges should have been filed for what was a tragic accident.

[ToddWeston]

I believe it was part of the process to rule it an official accident so the Good Samaritan Law would then apply in order to mitigate any civil action.

http://law.onecle.com/california/health/1799.102.html

[Chicog]

As if the poor bloke isn't going to suffer enough as it is.

[NeverSure]

I believe it was part of the process to rule it an official accident so the Good Samaritan Law would then apply in order to mitigate any civil action.

http://law.onecle.com/california/health/1799.102.html

I don't think so. Good Samaritan laws are in place to encourage unpaid bystanders to help without fear of being sued. That usually extends to professionals such as doctors, nurses, and of course firefighters if they just happen to be at the scene in a civilian capacity.

I don't think it extends to those who are paid and acting in the line of duty. Otherwise you could never sue a doctor for malpractice, or a fire department or police department for misconduct.

I expect a civil suit which will be settled out of court for major bucks.

[GentlemanJim]

What a nightmare, it sounds like something out of the movie 'Final Destination'. Poor Girl. If there is a God I hope she asked him for a good explanation. The family deserve every bit of financial recompense they can get.

[ToddWeston]

I believe it was part of the process to rule it an official accident so the Good Samaritan Law would then apply in order to mitigate any civil action.

http://law.onecle.com/california/health/1799.102.html

I don't think so. Good Samaritan laws are in place to encourage unpaid bystanders to help without fear of being sued. That usually extends to professionals such as doctors, nurses, and of course firefighters if they just happen to be at the scene in a civilian capacity.

I don't think it extends to those who are paid and acting in the line of duty. Otherwise you could never sue a doctor for malpractice, or a fire department or police department for misconduct.

I expect a civil suit which will be settled out of court for major bucks.

You could be right, I'm unable to access my peer site that pertains to California, it's been years and the laws differ greatly State by State, Country by Country, some laws pertain to volunteers whilst others apply to different sectors of health care and EMS workers. I'm under the "duty to rescue" in my home Province and shielded and for some reason I recall in a CE programme California was one of five states I would be shielded volunteer or otherwise - of course not for gross negligence and the likes. I'm curious and will check and report back.

It was a very sad situation that occurred and I'm sure if the law permits a civil action a large sum will be forthcoming.