Luis Matos, who inadvertently left 17-month-old Gabriel Pierre to die in a van will face no criminal charges, the Suffolk County District Attorney's office says.
With the exception only of misdemeanor motor vehicle homicide, Massachusetts law leaves issues of negligence in the hands of civil courts and precludes the criminal prosecution of an accident, even one as terrible and tragic in its consequences as this one.
DA Dan Conley's office says it will work with Gabriel's parents for legislation:
That would mitigate to the greatest extent possible the likelihood that the tragedy of her son’s death is repeated. That legislation would include mandated full-vehicle checks, the elimination of tinted windows from child-transport vehicles, and an effective communication system among parents, transportation providers, and day care facilities in the event that a child isn’t dropped off as expected.
The DA's office actually decided several months ago not to attempt a prosecution, but did not go public until after a meeting today with the boys' family and its attorneys, victim advocates and Boston Police, at the family's request.