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Accident Leading to the Death of a 3 Year Old Girl Yields no Charges

John Smith
/
WAER News

After lengthy investigation into what caused the death of a 3 year-old girl in the parking lot of her nursery school in Syracuse in January, the Onondaga District Attorney says no charges will be filed.  Bill Fitzpatrick says 39 year-old Zung Tung, an immigrant who doesn’t speak English accidentally hit the accelerator instead of her brake pedal.

“One of the reasons and one of the things that delayed this case was my office’s effort to find what, if any, criminal or vehicle and traffic law violations could be applied to Miss Tung. We were unable to find such a case and, believe me, we looked.”

The DA says DMV records indicate that Tung was issued a driver’s license in March of 2015 and she’s been allowed to drive even after the accident.  An upcoming DMV hearing is next.  Meanwhile, the parent’s of Regan Shetsky feel they are still living life “in a bubble” because the tragic loss of the child is still unbelievable to them.

“We questioned why she had her license when she speaks absolutely no English. She had her license about a year and a half. She needed an interpreter to even speak with police. She’s a refugee, as the District Attorney said. Just how do you pass your driving test when you can’t speak English? I just don’t understand that.”

Credit John Smith / WAER News
/
WAER News
DA Bill Fitzpatrick explains the unfortunate circumstances of the tragic accident, which will result in no charges against the driver.

In regards to the hit and run case this week on North Salina Street involving a former County DA Investigator, Fitzpatrick would not elaborate further about published comments he made about Peter Rauch.

“He is entitled to a fair trial. People have asked me, and you know some of you have asked me how I’m feeling. Nobody should care how I’m feeling. You should care about how Seth’s family is feeling. To have what happened to them is the antithesis of everything that I stand for.”

The victim in that hit and run, 18 year-old Seth Collier was taken off life support on Thursday and died.  Rauch appeared in Syracuse City court today for more charges.  He’s facing 2 and a third to 7 years in prison.  The case is being handled by Oswego County District Attorney.