No Charges Likely in Boy’s Death

A garbage collector who hit two San Juan Capistrano boys last week as they skateboarded through their Los Rios neighborhood has an “impeccable” truck driving record and likely won’t be charged in the accident, which left one boy dead and the other injured, officials said.

Israel Garcia, 31, was completing his weekly trash pickup in the 31500 block of Calle la Purisma about 12:15 p.m. Friday when the boys, riding tandem on a skateboard, rolled under the 17-ton truck.

Brian Osuna, 8, died at the scene. His friend Juan Tapia, 5, remained in serious condition with a broken hip Monday at Mission Hospital and Regional Medical Center.

Witnesses and a company spokesman said Garcia was pulling out of the condominium complex when the accident occurred, but sheriff’s officials said on Monday he had just started to back down the alley to finish the route.

“He put the truck in reverse and had just started moving when the boys rolled into it,” said Lt. Tom Garner, a department spokesman. “It’s our understanding they were going pretty fast and just could not stop in time.”

Garcia, a 12-year employee of the Solag Disposal Co., is “one of the safest, most conscientious drivers we have,” said company spokesman Dan Batty.

All three of the truck’s warning devices were functioning at the time, including a standard beeping noise to indicate the vehicle was backing, officials said. The truck also had a rear-mounted camera to enable the driver to see behind it.

“In this case, the camera did not help, though,” Batty said. “The kids were coming from the side and just went right under.”

The injured boy’s father, Gumarcindo Tapia, also is a driver for the company and is acquainted with Garcia, Batty said.

“This has affected everyone here,” Batty said. “It’s been awful.”