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<\/figure>\n\n\n\nAUDREY MCNAMARA\/FILE<\/p>\n\n\n\n
BY\u00a0BEN KLEIN<\/a>\u00a0| STAFF LAST UPDATED APRIL 5, 2019<\/p>\n\n\n\n On Tuesday, District Attorney of Alameda County Nancy O\u2019Malley declined to charge a driver who ran over a person lying on the sidewalk during a protest near People\u2019s Park on Jan. 22, as first reported by Berkeleyside.<\/p>\n\n\n\n According to a January email from Berkeley Police Department spokesperson Officer Byron White, during a march<\/a> against the development of People\u2019s Park in January, a car was surrounded by a crowd that began \u201cpushing\/banging on the vehicle.\u201d According to the email, the car drove onto the sidewalk on Durant Avenue, running over a bicycle and a person lying on the sidewalk.<\/p>\n\n\n\n According to White\u2019s email, the person lying on the sidewalk, confirmed to be a 55-year-old homeless man, was taken to a local hospital for an injured leg, and the driver, a 21-year-old Berkeley man, was contacted and cooperated with investigators.<\/p>\n\n\n\n On Tuesday, the DA\u2019s office decided not to charge the driver with a hit-and-run, citing lack of evidence, according to Berkeleyside.<\/p>\n\n\n\n James McFadden, a researcher at UC Berkeley, said there was a recording<\/a> of the event and said he had concerns regarding the decision to not charge the driver.<\/p>\n\n\n\n \u201cWhy is there insufficient evidence when there\u2019s a video of it?\u201d McFadden said.<\/p>\n\n\n\n When asked about the incident, Assistant District Attorney Teresa Drenick said in an email that in order to charge a person with a criminal offense, the office has to believe that they can \u201cprove the offense beyond a reasonable doubt.\u201d<\/p>\n\n\n\n \u201cIn this matter, we conducted a thorough review of the evidence and declined to file charges,\u201d Drenick said in an email.<\/p>\n\n\n\n BPD declined to provide further comment on the incident.<\/p>\n\n\n\n Contact Ben Klein at\u00a0bklein@dailycal.org<\/a>\u00a0and follow him on Twitter at\u00a0@BenKlein_dc\u200f<\/a>.<\/em><\/p>\n\n\n\n Note from Mike Zint:<\/strong><\/p>\n\n\n\n Poor and black hit by rich and white. I generally stay off the racism, but not this time. Tony is blind. Tony was asleep on the sidewalk. Tony did nothing. Tony got hit by a car on the sidewalk. The driver gets a pass. The city and county “rich people’s justice” system did what they do. They protect the haves at the expense and suffering of the have nots.<\/p>\n\n\n\n And the people of the city and county let them.<\/p>\n","protected":false},"excerpt":{"rendered":" FRIDAY, APRIL 5, 2019 (DailyCal.org) AUDREY MCNAMARA\/FILE BY\u00a0BEN KLEIN\u00a0| STAFF LAST UPDATED APRIL 5, 2019 On Tuesday, District Attorney of Alameda County Nancy O\u2019Malley declined to charge a driver who ran over a person lying on the sidewalk during a protest near People\u2019s Park on Jan. 22, as first reported by Berkeleyside…. Continue reading