TACOMA, Wash. — Prosecutors said Thursday they will not file any charges after six people were killed and three others were injured in a collision on Tacoma's State Route 509 in July.
The Pierce County prosecuting attorney said in a memo published Thursday that officials had "insufficient evidence" that the driver of a BMW was the cause of the collision. Prosecutors did not find enough evidence to prove the driver acted with disregard for the safety of others either.
The deadly collision happened on July 16 just after 11:15 a.m. near Alexander Avenue. Officials said a gray Kia Forte hatchback was traveling eastbound on Alexander Avenue when a BMW SUV traveling northbound on SR 509 collided with the vehicle.
The Kia Forte came to rest on an embankment on the right side of the roadway. The BMW was blocking the intersection.
There were seven people in the Kia at the time of the crash. Five died at the scene and another died at the hospital.
The Pierce County Medical Examiner's Office identified Javan Runnels, Cerra Corner, Erick Tsosie, Calsie Sockyma, Lisa Esparza and Felix Begay as the victims of the collision. The victims are Arizona residents between the ages of 19 and 25.
In the memo, prosecutors said the BMW entered the intersection at a yellow light, while the Kia entered at a red light. The BMW was speeding at about 60 miles per hour, about 10 miles over the posted speed limit, but investigators found the driver was braking at the time of the collision. Prosecutors said speeding "alone is insufficient to support a criminal charge."
Investigators estimated the BMW's speed at impact was between 49-65 miles per hour, considering potential speedometer error and automatic braking systems.
“But for the Kia entering the intersection on a red light, the BMW would have continued through the intersection without the collision occurring," prosecutors said in the memo.
Washington State Patrol Trooper John Dattilo said the intersection of State Route 509 and Alexander Avenue is problematic. Dattilo said there have been six fatalities on SR 509 since 2018. Half of them were at the Alexander Avenue intersection or nearby.
However, changes for that intersection are on the way. The city of Tacoma said in a statement the intersection will be reconstructed as part of WSDOT's SR 167 Completion Project. The current phase of the project, which is focused on freight mobility issues, will be complete by 2026.
The city said its public works department is working with Tacoma police and state patrol to learn more about the circumstances of the incident and it "remains committed" to Vision Zero and ending traffic fatalities and serious injuries in Tacoma by 2035.