(Statement from State’s Attorney Anne Colt Leitess)
UPDATE: After a thorough review of the video and multiple body worn camera footage from the scene, there is evidence that there may have been contact between the vehicle and crossing guard. Not only did the crossing guard react to it, but the officer at the scene observed it and heard the guard say that the driver had made contact with her. However, the video of the intersection helped us determine that the contact appears to be the result of the driver straightening his wheel and starting to reverse to back out of the crosswalk rather than the result of either a reckless or intentional act on his part. The driver had originally pulled into the crosswalk to move out of the way of a vehicle turning down the street where he was stopped waiting for traffic to clear. There is no indication that he failed to obey a traffic control device.
Shortly after the apparent contact between the crossing guard and the driver, the officer witnessed them arguing about what had happened, and saw that the driver of the vehicle was angry and argumentative, which gave further indication that there had been unlawful physical contact.
Because there is ultimately no evidence that the driver was told to pull over or that he was otherwise put on notice that the crossing guard had suffered any bodily injury, there is insufficient evidence to prosecute any “hit and run” charge.
The officer presented the factual recitation that the vehicle struck the crossing guard to the district court commissioner who then determined what charges should be issued. Because the contact did not rise to the level of a criminal offense as an intentional or reckless act and there was no actual notice to the driver of any injuries at the time that legally required him to remain at the scene, the Office of the State’s Attorney has decided to enter all the charges Nolle Prosequi.
GLEN BURNIE, Md. — A man was arrested after he “intentionally” struck a crossing guard with his vehicle in Anne Arundel County last week. However, video evidence of the entire incident told another story.
Before the video, the Anne Arundel County Police distributed a release saying that the man driving struck the cross guard’s leg with his vehicle before fleeing the intersection. After the report, citizens offered home surveillance footage that showed that a police officer was present at the scene, and the crossing guard approached the vehicle’s driving side.
The crossing guard was first seen stopping traffic at the intersection where, at one point, three children crossed. Then, the crossing guard was shown walking back and forth in the crosswalk with no children crossing for the rest of the two-and-a-half-minute video.
Meanwhile, an Anne Arundel County Police officer is sitting at the intersection with their cruiser lights activated during the interaction between the driver and the crossing guard. Eventually, the officer approaches the open driver’s side window twice, where a viewer can see them having a verbal dispute.
After that interaction, the video shows the officer crossing the street while the crossing guard returns to the crosswalk. The driver maneuvers his vehicle around the crossing guard as he makes a turn, evidently not striking the guard as previously mentioned.
Currently, the Anne Arundel County Police have not commented on the additional evidence in the case. We will continue to provide updates on this incident as they become available.