TARRANT COUNTY (KDAF) -- It was a horrific scene; a stroller crushed after a car collided into an Arlington dad out walking his son.
Three weeks after 7-month-old David Bingenheimer was killed, the Tarrant County Sheriff's Office has decided not to file criminal charges against the driver. Instead, she's getting a traffic ticket.
They say Shantell Skillern, the driver, failed to yield to oncoming traffic, causing the other car to run over baby David in his stroller.
The sheriff's office says Skillern was not distracted or under the influence, so there's no evidence to charge her criminally.
The decision came on the same day the family was holding a memorial service in California, where the family is from
"They want the people who were responsible for this death to be held accountable. My job is to do that on a civil nature and we're certainly gonna be perusing claims civilly," said Jim Ross, the family's attorney.
It looks like the family may get their day in court but nothing will bring back their baby boy.