Mother Won’t Be Charged in Crash That Killed Child

The Ventura County district attorney has decided not to prosecute a Canoga Park woman in connection with the death of her 22-month-old daughter, who died in a crash on the Ventura Freeway in September.

Toddler Melissa Perez, who was sitting on the lap of her father, Oscar, was thrown through the car’s sunroof when the vehicle overturned near Santa Clara Avenue in Oxnard. The California Highway Patrol recommended prosecution in what would have been the first case brought under a 9-year-old state law mandating that children younger than 4 be restrained in a car seat.

But prosecutors said Wednesday that Telma Ochaita, was obeying the 55-m.p.h. speed limit and not driving recklessly, prompting a decision to drop the case.

“We are unable to say any act she did while driving the car caused the accident,” Deputy Dist. Atty. Kevin McGee said Wednesday. “The case is not being filed.”

Investigators still have not determined the cause of the accident, but witnesses reported no erratic driving, McGee said. It could be argued that there was a vehicle malfunction, he said.