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Family of elderly man who died after being hit by scooter in Burnaby still waiting for charges

It has been a month since 91-year-old Julio Chavez was run down and killed by a woman driving a mobility scooter. While police are still appealing to the public for witnesses, Chavez’s family is furious that charges still have not been laid.

Ramping up the family’s frustration is police investigators telling Chavez’s grandson, Alexis Osorio, that the scooter driver is being investigated for her role in three other pedestrian crashes. Osorio’s grandfather would be the fourth police complaint filed against her.

Burnaby RCMP say they are still investigating and that there is a possibility the scooter driver in question is involved in other cases. They are renewing their appeal for anyone who has solid information that might link these cases to give investigators a call.

Although the entire incident involving Chavez was captured on a convenience store security camera on Sept. 11, part of the problem in laying charges is due to cabin scooters falling into a legal grey area. According to Osorio, no one seems to be sure if the driver can be charged, or if so, under which laws.

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“They’re looking at how to proceed due to the vagueness of the law,” Osorio told Global News. “They’re going to take recommendations from Crown counsel on how to proceed.”

Cabin scooters are self-contained motorized vehicles, which can reach speeds of 11 kilometres per hour. Osorio would like to see people driving these types of scooters to have insurance as well as some type of decal, or licence plate.

“My concern is there’s no way of knowing… the person can take off,” Osorio says, citing his grandfather’s case.

Chavez, who had just left a convenience store and was standing on the sidewalk, was struck by a woman driving a blue cabin scooter at the corner of Edmonds Street and Mary Avenue in Burnaby. The elderly man fell and hit his head hard on the pavement. While witnesses and a nearby police officer rushed over to help, Chavez died of his injuries the next day.

Chavez’s grandson believes if scooters had an identifying decal and there’s an incident, then it would be easier to report them to police.

“If they get too many complaints then it should be obvious they can’t operate these machines,” Osorio says.

“But now, there’s no accountability… and while I want justice for my grandfather, my main concern is other pedestrians.”

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~ with files from Ted Chernecki and Justin McElroy

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