- Associated Press - Friday, August 21, 2015

BUFFALO, N.Y. (AP) - A driver who is believed to have fallen asleep before striking two children in a Buffalo park, killing one, will not face criminal charges.

Erie County District Attorney Frank Sedita III says the driver wasn’t speeding, weaving or impaired by alcohol or drugs when he veered off Route 198 into Delaware Park, nor did he try to leave the scene afterward. Investigators say he was beaten by bystanders as he tried to report the accident.

Three-year-old Maksym Sugarovsky was killed and his 5-year-old sister, Stephanie, was injured when the driver apparently fell asleep, possibly because of a medical condition, and lost control of his car about 11:30 a.m. on May 30.

Sedita says the driver’s conduct doesn’t rise to the level of a crime under state law.

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