Man accused of killing child with car won't stand trial

MERCED, Calif. (KFSN) -- Isaac Maldonado, the Livingston man accused of hitting and killing three-year-old Dayveonna Polk in December 2017, won't have to stand trial for a gross negligence vehicular manslaughter charge.

Defense Attorney Chris Caine said, "It is my belief that he just panicked. He obviously realized that he struck something or someone, and panicked. he acknowledges he was wrong in doing that."

Maldonado faced a judge on Monday for his preliminary hearing.

The Merced Police officer who responded to the scene, along with the victim's own mother took the stand.

Shawan Bradford recalled the tragedy, telling the judge that she had just gotten the signal to cross the intersection at R and 18th Street.

She and her kids had only taken a few steps before she says her daughter was hit, "I heard a loud boom, that's when I hear my daughter talking no more, and then it was a loud boom."

The officer says he spoke to several witnesses and said they obtained these surveillance videos of the car moments before the collision.

However, Maldonado's attorney maintains the witness statements do not match up with the video.

The judge also agreed that while there was no question that Maldonado was negligent, there was not enough to prove that he had no regard for the toddler's life.

"It was a tragic accident," said Caine. "There's no question my client should not have left the scene afterward, but it was something that does happen; panic, not thinking rationally. He loves children, and he is devasted by this."

Maldonado also pled no contest to driving without a license.

He still faces a felony hit and run charge.

Prosecutor Michael McAfee said, "I've seen the video probably 20 to 30 times. It's hard to see what the driver could see and what the child was doing. We always knew the hit, and run was the charge that we wanted to move forward."

Unless they settle out of court, Maldonado will be back in court for the hit and run charge in July.