Why won't woman who drove into SW Houston restaurant face charges?

Saturday, November 8, 2014
Questions linger after car crashes into restaurant
Some people are wondering why police have refused to ticket the SUV driver who plunged into the store

HOUSTON (KTRK) -- The driver who plowed into a crowded restaurant will not be cited or charged, according to the Houston Police Department.

"I just want to hide," the female driver told eyewitness news Wednesday after the crash.

The woman, who police said is 70 years old, was not intoxicated according to officers on the scene. Police said she hit the gas instead of the breaks while she was trying to park her Lexus SUV outside of the restaurant. At least nine people were injured in the crash. Surveillance video captured the entire accident. One man was seen badly injured. He was pulled out of the crash debris by two men and later seen being taken away by stretcher.

Houston Police issued this statement to Eyewitness News when asked why the driver was not, at minimum, cited:

"It appears at this time to be nothing more than an accident that caused a lot of damage to the business," said HPD spokesman John Cannon. "There's no negligence or criminal intent. So it's more of a civil matter between the business and the motorists."

"For the officers not to issue a ticket is outrageous," said ABC-13 legal analyst Joel Androphy. "If she had ran through the windows of the Houston Police Department, I promise you she would have been issued a citation."

The owner of Dimassi's restaurant located on Kirby near NRG stadium said he is upset the woman is allowed to drive on Houston's roadways.

"It's unfair; she hurt a lot of people, she hurt my business. A lot of people got hurt for a very little mistake," said Eihab Aldaqamoni.

Aldaqamoni said he has spent more than $60,000 in the past 48 hours fixing and cleaning up his restaurant. It's now open for business.

Police said they presented the facts of the case to the Harris County District Attorney's office and a prosecutor there declined to file criminal charges against the driver.