Family wants 'justice' in fatal fruit stand crash

Published On: Jan 30 2013 04:50:34 PM EST   Updated On: Jan 25 2013 06:41:26 PM EST

VIDEO: More than a year after a Jacksonville couple died in a crash at the fruit stand they owned... their family is still seeking justice. Why prosecutors say the man who hit them has never had to go to jail.


A Jacksonville family says they want "justice" a year and four months after a couple was killed when a car crashed into their fruit stand in Northwest Jacksonville.

Julia and Pablo Baltierra, 54 and 65, respectively, died as a result of the crash.

The driver, Issac Mayhew Jr., was 86 years old at the time, and police said he had a medical emergency. He was charged with running a red light and careless driving, and fined $1,000.

The Baltierra family says they don't understand why he's not in jail.

"Where is the justice? Everybody talks about justice. Where is the justice in this case?" Guadalupe Baltierra said.

Holding back tears, Baltierra talked about his mom and dad. He's angry because he says the state attorney's office is ignoring his family and not prosecuting the driver who killed his parents.

"To do nothing to this man and he is still free?" he said. "I have been without my parents for a year and four months. This man still gets to enjoy his family. He is still at his house. Where am I with my mom and dad?"

Baltierra's family still sells fruit where his parents were killed, and a memorial reminds him every day of what happened. He can't understand why the state attorney's office will not prosecute.

"The reason they could not do anything is not right," he said. "I tried talking to (State Attorney) Angela Corey. I wrote letters and she has never answered back to me."

The state attorney's office issued this statement Friday:

"Our hearts go out to the Baltierra family who lost their loved ones in this tragic accident. The evidence in this case was scrutinized by Jacksonville Sheriff's Office detectives, State Attorney Office investigators, and the Director of the SAO's Traffic Homicide Unit. All concluded the deaths were due to an accident and did not reach our constitutional standard for criminal prosecution. The 86-year-old driver of the vehicle, Isaac Mayhew Jr., was cited by the JSO for running a red light and careless driving in the incident. While we understand the family's feelings and need for closure, this case is a civil matter and not a criminal one."

The Baltierra family is suing in civil court.

"They have never told us, 'We are sorry,' or anything to the family," Baltierra said.

Mayhew's daughter spoke about the accident.

"I understand their pain, but it was an accident. It was not intentional," she said. "What do they want them to do to my father? What do they want? It was an accident, and as I say, nobody knows what happened but God."

"They say it was an accident. This man should not have been driving," Baltierra said. "This man was older age, had a lot of problems, taking a lot of medications."

Mayhew's family says he is still sick, and his license is still suspended.


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