Man Won’t Face Felony in Collision : Accident: D. A. won’t prosecute driver police say was at fault in December crash that injured nine.

No felony charges will be filed against the man police sought to blame for a car crash that injured nine people, a deputy district attorney decided on Monday.

Jose Fernandez, one of two drivers involved in the Dec. 26 accident, could still face a misdemeanor drunk-driving charge if the city attorney’s office decides to prosecute him. If prosecuted for a misdemeanor, the Van Nuys resident could face a maximum of six months in prison. A felony conviction could have resulted in a maximum sentence of six years.

Police say Fernandez’s Chevy Blazer collided with Edward Harding’s Chevrolet Celebrity station wagon at the intersection of Sherman Way and Louise Avenue about 7:45 p.m. There were six passengers in the Blazer, four of them children, and only one wore a seat belt, police said. Two children were hurled from the car.

“It seems to be a miscarriage of justice,” said Los Angeles Police Detective Rick Talkington, who oversaw the police investigation.

But Deputy Dist. Atty. Larry Diamond said there was insufficient evidence to prove beyond a reasonable doubt that Fernandez, 31, displayed negligence that led to the accident. Without that, Diamond said, he could not win a felony conviction.

“It’s a matter of proof,” Diamond said. “That sort of thing comes with the territory, proof within a reasonable doubt.”

Talkington said he may appeal Diamond’s decision to the deputy district attorney’s supervisor. He added that the city attorney’s office has expressed an interest in prosecuting Fernandez and Harding, the latter for misdemeanor driving while under the influence of narcotics.

Generally, the city attorney’s office prosecutes misdemeanor cases while the district attorney’s office handles felonies.

Diamond said he wished he could have prosecuted Fernandez, but that the one witness who said she saw Fernandez run a red light was not strong enough. “We don’t think that we can prove that Fernandez ran the red light,” Diamond said, “although we have a very strong suspicion he did.”

Talkington said he thought the witness, a nurse who was at the intersection of Sherman Way and Louise Avenue where the accident occurred, was credible, although she erred in recalling which direction the vehicles had been traveling.

Talkington said the second driver, Harding, had previously given a false identity.

In a related development, detectives on Monday were continuing to investigate a collision in Winnetka that left four dead and 10 injured, acknowledging that they do not have enough information yet to file charges.

Police had initially reported that the crash occurred when a Dodge Caravan loaded with 13 people was struck Saturday by a white Toyota at Saticoy Street and Mason Avenue.

However, LAPD Detective Bill Osuna, who is investigating the accident, said Monday that witnesses have given conflicting statements as to whom ran the red light. Osuna said investigators plan to re-interview some witnesses in an effort to pin down exactly what happened in the moments prior to the crash.

Those killed included Arcelia Martinez-Castaneda, 17; Beatriz Ornellas, 20; Diana Perez, 4, and 1-year-old Lorena Castaneda, authorities said. All those killed in the crash had been riding in the Dodge van.