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Driver Won't Be Charged In Fishkill Crash That Killed Mother, Child

A 53-year-old man whose SUV crashed into a mother and her 10-month-old son crossing a street near an area diner will not face any charges in the incident in which the two were killed, according to the New York State Police.

The  I-84 Diner in Fishkill.

The I-84 Diner in Fishkill.

Photo Credit: Google Maps street view

State police said Tuesday they have concluded their investigation into Sunday's fatal motor vehicle accident and have determined the vehicle’s operator, Robert Mahone of Fishkill, who remained at the scene immediately after the collision, was not speeding, was not impaired by drugs or alcohol, leading to no charges or traffic citations.

The incident occurred around 8:40 p.m. Sunday near the I-84 Diner near Old Glenham Road in Fishkill, when Mahone failed to see the family attempting to cross the road from the north shoulder and struck them, state police said.

The mother, Zuleyma Lopez, 28, and her child, Abel E. Torres-Lopez, 10 months, were declared dead at the scene, the three other children were transported to Westchester Medical Center, state police said.

Traffic was shut down along the roadway for hours as state police accident investigators processed the scene. The road reopened around 12:30 a.m. Monday.

The New York State Police added that they would like to thank the members of the Rombout and Glenham fire departments and Mobile Life Ambulance for their assistance at the scene of the accident.  

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