LAYTON — Two drivers accused of hitting a 17-year-old girl in a crosswalk while walking to school, causing fatal injuries, have been charged with misdemeanor offenses.

Leroy Clark, 32, of Clinton, was charged in Layton Justice Court with careless driving, a class C misdemeanor, and failure to yield to a pedestrian, an infraction.

Julia Nielson, 38, of Layton, was charged with careless driving, a class C misdemeanor.

On Jan. 11, BaiLee DiBernardo, a junior at Layton High School, was walking to school with Eric Baarz, 17, a senior. The two were in a crosswalk at 199 N. Fort Lane, about 75 yards away from the school, when they were hit by a pickup truck driven by Clark.

According to Layton City Attorney's Office spokesman Steve Garside, Clark had just dropped something, possibly a drink or food item, and was reaching to pick it up when he hit both students. Nielson, who was driving a Dodge Durango behind the pickup, also ran over BaiLee.

But while police and prosecutors acknowledge the case is tragic, it does not rise to the level of more severe criminal charges, such as negligent homicide.

Garside said when considering charges, his office weighed simple negligence versus criminal negligence.

"For us to do negligent homicide, we have to prove criminal negligence, which is a lot higher degree," he said.

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Prosecutors looked at whether the crash was the result of the drivers engaging in a gross deviation from what many other drivers commonly do. Instances of distracted driving are fairly common, Garside said. It's only when a person is aware of the risks of certain behavior but purposely ignores them that gross negligence is established, he said.

"Obviously, when there is a traffic accident and somebody dies, there is an immediate expectation the penalties will be greater. And in some states it is that way. But Utah has elected to say, whether someone ran a red light or ran a red light that resulted in somebody's death, if the mental intent was the same, should the criminal punishment be more just because someone died rather than let the civil aspect of the law take care and give the victim restitution?" Garside said.

Furthermore, he said the state medical examiner could not determine when BaiLee received her fatal injuries.

"We would not be able to determine which vehicle caused the death. That would be the other hurdle (in prosecuting more serious charges)," he said.

Eric Baarz was taken to a local hospital after the crash with serious injuries that were not life-threatening.

A class C misdemeanor is punishable by a maximum of up to 90 days in jail and a $750 fine.

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