Executive Summary
- Ozaukee County prosecutors will not charge the 74-year-old driver involved in the fatal Oct. 26 crash.
- Victim Mailee Xiong Hang was struck and killed in a Walmart parking lot while loading groceries.
- Investigators determined the driver accidentally confused the brake and accelerator pedals.
- DA Ben Lindsay cited surveillance video and vehicle inspections as evidence supporting the decision.
SAUKVILLE, Wis. – The Ozaukee County District Attorney’s Office has declined to file criminal charges in connection with a fatal collision that occurred last month in a Saukville Walmart parking lot. Prosecutors determined that the incident, which resulted in the death of Mailee Xiong Hang, was a tragic accident caused by driver error rather than criminal negligence.
According to WISN, District Attorney Ben Lindsay stated that a "thorough review of the evidence" confirmed the nature of the crash. On October 26, a 74-year-old driver struck Hang while she was loading groceries into her vehicle. Following the death, the victim’s sister, Mai Xiong, had publicly urged prosecutors via social media to pursue charges. Officials from the District Attorney’s office and the Saukville Police Department met with the family on Tuesday to formally explain the decision not to prosecute.
Citing investigative reports detailed by GMToday, District Attorney Lindsay noted that the inquiry utilized surveillance footage, vehicle inspections, and crash reconstruction analysis. The evidence indicated that the driver confused the accelerator with the brake pedal, causing the pickup truck to accelerate unexpectedly. The vehicle struck a concrete handicap signpost and two other vehicles during the incident.
Lindsay explained that while the driver’s actions unquestionably caused the fatality, the investigation found no evidence of criminal intent or recklessness. The driver’s admission of the mistake was supported by the physical evidence and crash reconstruction, leading prosecutors to rule out criminal charges.
Legal Standards & Investigative Closure
The decision by the Ozaukee County District Attorney underscores the significant legal distinction between simple negligence and criminal liability in traffic fatalities. While the outcome was fatal, the absence of factors such as impairment, extreme recklessness, or intent often precludes criminal prosecution in cases of pedal misapplication. With the criminal investigation now closed, the determination affirms that the incident does not meet the statutory threshold for criminal negligence under Wisconsin law.
