On May 29th, 2014, baby David passed away after a truck struck him and his father as they patiently waited to cross a street.
Getting behind the wheel is a huge responsibility and should not be taken lightly.
So, how did a distracted driver cause baby David’s death?
As it turns out, authorities determined the driver who caused the accident, Shantell Skillern, was not driving under the influence and was not distracted.
Instead, they decided that she was simply negligent when she failed to yield at a left turn that day.
What Caused Baby David’s Death?
On the day of the accident that caused baby David’s death, Shantell Skillern was driving her Chrysler 300C northbound on Cooper Street in Arlington, Texas.
According to News 5, Skillern was trying to turn left onto California Lane at a green light when she failed to yield to an oncoming truck in the southbound lane.
In the collision, Skillern’s sedan sent the pickup truck flying toward Daniel Bingenheimer and his seven-month-old baby boy, David, as they waited to cross California Lane and Cooper Street.
The truck struck the father and his son, who rested in his stroller. Baby David died at the scene.
According to witnesses, Daniel picked up his lifeless child and “carried him across the street toward Skillern, who began screaming.”
Daniel, Skillern, and the driver of the truck were taken to hospitals with non-life-threatening injuries.
A Devastated Family
On the day of baby David’s memorial services in California, where the family originates from, Arlington Police Sergeant Jeffrey Houston and the Tarrant County District Attorney’s Office announced there was no evidence to charge Skillern criminally.
According to the investigation, Skillern was not driving under the influence of drugs or alcohol and was not driving distracted.
Instead, she would be charged with Transportation Code 542.4045, Fail to Yield Right of Way; the penalty: a fine of up to $4,000.
David’s aunt and grandfather expressed their anger and devastation at the news.
David Bingenheimer, the baby boy’s grandfather, told Star-Telegraph by phone from Sacramento, California, “We’re upset with the DA’s office for not pursuing criminal charges. I’m a grieving grandfather who is frustrated.”
Tarrant County District Attorney Joe Shannon released a statement saying,
“This was no doubt a tragic loss for the entire Bingenheimer family, particularly due to the age of the child and the circumstances. The details of the investigation…were reviewed by the most widely-recognized vehicular crimes attorneys in the state of Texas…the facts submitted did not meet the requirements of the Penal Code for prosecution.”
Mr. Bingenheimer said that although he did not expect a murder charge, he believed Skillern was negligent, and “her failure to yield resulted in a death. What about manslaughter? She’s not being held responsible for the death of my grandson.”
The driver of the truck was not cited in connection with the accident.
