CHP Lacks Evidence to Charge Teen-Ager in Freeway Fatalities : Accidents: Despite the youth’s admission he was racing another car, and pleas from witnesses and Mexican consul, officials say information is insufficient.

CHP officials said Wednesday they have insufficient information at present to ask for criminal charges against a Glassell Park 17-year-old for a crash on the San Diego Freeway in North Hills that killed four members of a Gardena family, despite calls that the youth be prosecuted.

“In some people’s minds (he) may be liable, but there’s more to this case than meets the eye,” California Highway Patrol Officer Dwight McDonald said.

“We’ve got to get all of our ducks in a row in this case,” McDonald said, adding that the youth may be charged later.

The youth has admitted to police that he was racing another car on the San Diego Freeway, beginning the chain of events that led to the crash that killed the Davalos family.

That set off calls for his prosecution by witnesses and others, including a widely publicized complaint by the Mexican consul general in Los Angeles that U.S. authorities were ignoring cases in which the victims were Latinos.

“What does he have to do?” before prosecutors act, asked a Reseda man who drove past the Davalos’ burning car Sunday night and would not give his name. “The state or the city should take a vigorous stand in prosecuting these guys to show that the public is not going to put up with this,” he said.

Prosecutors say there must be evidence both that the youth violated the law and that he caused the crash by his violation.

McDonald said the teen-ager fulfilled his legal responsibilities after the accident by staying at the scene and talking with authorities. But the driver who left could face at least hit-and-run charges, he said.

Capt. Peter Mader, commander of the West Valley CHP office, which is investigating the crash, said drivers are rarely arrested in traffic accidents until the district attorney’s office has filed charges against them.

He added that he was not concerned the 17-year-old would attempt to flee. “He has family here,” Mader said.

The tragedy began about 10:30 p.m. Sunday when David Davalos, 28; his wife, Norma, 26; sister Roberta, 20, and 18-month-old daughter Maritza were returning from a family holiday in central California, according to relatives.

They were headed south on the San Diego Freeway in a Honda Accord when they were passed by a speeding Toyota Camry, authorities said. That car, driven by the teen-ager, skidded into the concrete median, bounced off, and headed for the Accord, authorities said.

The Davalos’ Accord swerved out of the way, hit the median, rolled over and slid across the highway into a temporary wall and burst into flames. Everyone in the car died.

The teen-ager told CHP officers that he had noticed a red Toyota speeding ahead of him when he entered the freeway at the Devonshire Street on-ramp, and tried to catch it, McDonald said. He said he caught up with the car and was racing through traffic with it, switching lanes, when he lost control and skidded into the median, McDonald said.

Investigators are now hunting for the driver of the red Toyota, described as a man in his early 20s. CHP officials said they are close to catching the man, but would not release his name, saying they did not want to scare him away.

The Los Angeles County district attorney’s office would not discuss the pending case.

However, Richard Holmes, a veteran prosecutor in the Ventura County district attorney’s office, explained the law, saying both drivers could be held legally liable for vehicular manslaughter.

A driver violates the law against vehicular manslaughter by committing “an act which is in violation of the law, such as speeding, and that causes the death of another,” Holmes said. Even if the speeder does not hit another car, the speeding driver can be liable for the accident if the driver’s illegal behavior led to the crash, Holmes said.

In this case, Holmes said, both drivers could be held directly responsible for the crash. “In a speed contest, you are aiding and abetting the other person,” he said. “It takes two to tango in this instance.”

But investigators stress that they need to determine what precisely happened before they can determine if both drivers were responsible. McDonald said charges could range from none to vehicular manslaughter.