Infant dies following horrific crash at SF West Portal bus station, police say
SAN FRANCISCO (KGO) -- A baby severely injured when a vehicle crashed into a San Francisco West Portal bus stop last weekend has died, according to San Francisco Police Officer Robert Rueca on Wednesday evening.
The baby's 2-year-old brother and parents were also killed in the crash.
UPDATE: Infant's organs donated to save other children in need after entire family dies in SF crash
The 78-year-old driver was arrested, but as of Wednesday, is no longer in police custody, according to her lawyer. She remains in the hospital.
ABC7 has decided not to name the suspect since she has not been formally charged.
Previous story down below
A 78-year-old female driver who crashed into a bus stop in the West Portal neighborhood over the weekend is no longer in police custody. The crash killed a couple and a toddler and severely injured an infant.
"This is just an unspeakable tragedy that is a reality," said Attorney Sam Geller.
Geller represents the woman who was behind-the-wheel of the Mercedes SUV Saturday when it crashed into a bus shelter near the West Portal Station.
"This is a very difficult time for her as well. This is a tragedy that she has to find a way to live with and navigate," said Geller.
RELATED: 2-year-old baby, parents killed in SF West Portal bus stop crash identified
Diego Cardoso de Oliveira and his wife Matilde Ramos Pinto were waiting at the bus stop along with their two children.
Strangers and community members who stop by the crash site are struggling to make sense of what happened.
"It's incredibly sad. It shows how something like this could happen to anyone," said Phil Li, a West Portal resident.
"It's sad. It's a tragedy. You don't know what happened with the driver," said San Francisco Resident Dianna Padilla.
VIDEO: 78 year-old SF woman arrested for crash which killed 3 family members
The driver remains in the hospital but will be released in the near future, according to her attorney.
ABC7 News asked him why the woman is no longer in police custody.
"It's unfortunate that there's a presumption that there needs to be malfeasance here. Which would indicate there is some sort of malfeasance or wrong doing. There are times that accidents and tragedies happen and there wasn't a crime committed," said Geller.
Initially, police arrested the woman on suspicion of vehicular manslaughter and reckless driving. She also faced possible misdemeanor charges for speeding and driving the wrong way.
RELATED: Hundreds attend vigil for parents, child killed in SF West Portal crash
But no charges have been formally filed against the driver.
"I think she's appreciative and I'm appreciative of the fact that DA's office is conducting an investigation to determine if there are any elements or not that exist in this incident that could lead to charges," said Geller.
ABC7 News asked the Attorney Geller if his client had a medical emergency while she was driving.
RELATED: Community in mourning as 3rd person dies after SF West Portal SUV bus shelter crash: SFPD
"I'm not aware. It's not that I'm not aware. I'm not privy to that kind of information yet," said Geller.
On Wednesday, ABC7 News asked District Attorney Brooke Jenkins why she didn't charge the driver.
RELATED: 1 child, 1 adult killed when SUV plows into SF West Portal bus shelter, SFFD says
"This is not in any way absolving anyone criminal behavior. This is the type of investigation that takes a little longer than that 48 hour window," said Jenkins.
Prosecutors say they're still analyzing toxicology reports and the vehicle's operating system.
If you're on the ABC7 News app, click here to watch live
