Charges Unlikely in Death of Girl Hit by MTA Bus

Unless new evidence is found, no criminal charges will be sought against a bus driver whose coach struck and killed a 5-year-old girl, police said Wednesday.

“There was no criminal activity or intent prior to the accident,” said Det. R. Lopez of the department’s Valley Traffic Bureau. The girl and her mother were “in the wrong place at the wrong time,” Lopez said.

The accident killed Karen Diaz, 5, and critically injured her mother, Angelica Maravilla, 26.

The driver, Richard Tolan, 45, of Van Nuys, is regarded by superiors as a “very good operator,” said Steve Chesser, a spokesman for the Metropolitan Transportation Agency. In six years as an MTA driver, he had never had a preventable accident, said Chesser.

Tolan, who was said to be distraught after the accident, was off work Wednesday. Pending completion of its own investigation, the MTA placed Tolan on non-driving duty.

Witnesses said Maravilla and her children were crossing with the green light when they were hit, but Lopez said the “Don’t Walk” caution light was flashing at the time. Pedestrians have the right of way, but the accident was complicated by the fact that the little girl darted ahead of her mother into the crosswalk, according to witnesses and police.

A witness on the bus said the driver was not speeding, Lopez said. The pedestrians may have been in Tolan’s blind spot as he turned, Lopez said.

“As far as placing blame,” Lopez said, “all the factors created the accident.”

He said the investigation is not complete, pending results of drug tests on the driver and an interview with the mother.

The mother and daughter, along with Maravilla’s son, Christian Diaz, 3, were in a crosswalk on Parthenia Street in Panorama City when they were hit by the bus, which was turning right from Tobias Avenue. Diaz was killed instantly; Maravilla suffered a fractured pelvis and other internal injuries and was reported in critical condition at Holy Cross Medical Center in Mission Hills on Wednesday.

Christian suffered a broken leg and was in good condition, according to a hospital spokeswoman.

Friends said Maravilla came to the United States from El Salvador six years ago. She worked at a cassette-packing plant, and friends knew her as a hard-working woman and caring mother.

At the time of the accident, according to another friend, Juan A. Rodriguez, 50, Maravilla was returning home after buying cold medication for her children at a drug store.

“She was a very good person,” Rodriguez said of Maravilla. “She took very good care of her children.”

Friends described the girl as playful and friendly. Rodriguez said Maravilla was separated from the girl’s father, who lives in New Jersey. The father is believed to be returning to California, but the friends did not know when he would arrive.

Deana Monjes, a friend who occasionally baby-sat the children, said religion was very important to Maravilla. She and her children attended the Camino de Santidad Pentecostal Church in Panorama City. More than 20 members of the congregation went to the hospital after the accident, and parishioners have been praying for the mother’s survival almost around the clock since the accident occurred.

Pastor Rene Valdez said the girl was very religious. “She always trusted God would take care of her,” he said.

Monjes said church members were trying to raise money for the funeral, medical expenses and a plane ticket for the woman’s mother to come to the United States from El Salvador.

Though Maravilla had no other family in town, Monjes said, “We are Christians. All the people at the church are her family.”