A driver who jumped a curb and killed a 10-year-old in Midwood last year won’t face any charges, the Brooklyn District Attorney’s office confirmed Wednesday.
Alexander Katchaloft, 61, suffered a “medical episode” on Sept. 10 before slamming his Lexus SUV into elementary schooler Enzo Farachio, a rep for Brooklyn District Attorney Eric Gonzalez said.
“An extensive investigation into this tragic case determined that the driver suffered a syncope (temporary loss of consciousness) at the time of the fatal decision,” the rep said in a statement.
“His conduct wasn’t intentional or reckless and he was obeying all traffic laws prior to the medical episode.”
Katchaloft was headed north on Ocean Avenue just before 3 p.m. with his daughter in tow when he suddenly veered to the right and careened into the boy, cops said at the time.
Katchaloft and his 8-year-old daughter, who was riding in the vehicle, were both injured.
Video of the incident obtained by Streetsblog, which first reported the DA’s decision, showed the SUV zoom through a red light just before the collision.
Despite his medical episode, the DA’s office said Katchaloft could not be charged simply for driving because his medical records showed that he had never been instructed not to drive.
The Farachio family’s lawyer, Leslie Kelmachter, said her clients were “extremely disappointed” and “distressed” by the decision not to seek an indictment.
She said the family had not been given access to Katchaloft’s medical records, and that the video of the speeding vehicle should be enough to bring the issue before a grand jury.
“Based on the information that we have obtained, we felt there was… sufficient evidence to at least present this case, in that it was a driver attempting to beat a red light,” Kelmachter said.
“Our evaluation is that it would take more than a claim of syncope to be a defense against prosecution of the action.”
Katchaloft could not be reached for comment.
Additional reporting by Priscilla DeGregory
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