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Charges dropped in case against Glen Burnie man after video shows his car making contact with crossing guard appears unintentional

Anne Arundel County State’s Attorney Office dropped charges against a Glen Burnie man who was accused of striking a crossing guard and fleeing, after they reviewed footage that appeared to show inadvertent contact with guard and determined it did not rise to the level of a criminal offense.

State’s Attorney Anne Colt Leitess said in a news release there may have been contact between the vehicle and the crossing guard. Not only did the crossing guard react to it, but the officer at the scene observed it and heard the guard say that the driver had made contact with her.

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“The video of the intersection helped us determine that the contact appears to be the result of the driver straightening his wheel and starting to reverse to back out of the crosswalk rather than the result of either a reckless or intentional act on his part,” Leitess said in a statement.

Shortly after the incident between the crossing guard and the driver, the officer witnessed them arguing about what had happened, and saw that the driver of the vehicle was angry and argumentative, which gave further indication that there had been unlawful physical contact.

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Joseph Hernandez, 32, was arrested and charged with second-degree assault and a host of traffic violations, including failing to obey the direction of a traffic guard and failing to render aid to an injured person.

Because there is ultimately no evidence that the driver was told to pull over or that he was otherwise put on notice that the crossing guard had suffered any bodily injury, there is insufficient evidence to prosecute any “hit and run” charge, Leitess said.

Leitess said the contact did not rise to the level of a criminal offense as an intentional or reckless act and there was no actual notice to the driver of any injuries at the time that legally required him to remain at the scene. The Office of the State’s Attorney has decided to enter all the charges Nolle Prosequi, which means all the charges will be dropped.

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