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ARLINGTON, Texas -- Police announced Monday there will be no criminal charges brought against a driver who caused an accident that killed a 7-month-old boy.

Police say Shantell Skillern was driving northbound on Cooper Street in Arlington last month at a green light when she failed to yield as she turned left, and hit another car. That car then struck a dad and his baby son as they were walking with a stroller. The baby, David Bingenheimer, died.

But Arlington Police Sgt. Jeffrey Houston said his office, along with the Tarrant County District Attorney's Office, determined there was no evidence to charge Skillern criminally, because she was not distracted or driving under the influence.

Instead, she's receiving a ticket for failing to yield right of way. That's a transportation code misdemeanor, punishable by fine.

The baby's aunt said the family is angry. This news broke on the very day they held a memorial for David in California, where the family is originally from.

The family's attorney, Jim Ross, released this statement to News 8:

The Bingenheimers are heartbroken at the news that the Tarrant County District Attorney s Office has chosen not to prosecute the driver(s) of the vehicles responsible for the tragic death of their seven (7) month old son, David. It is our hope that eventually the person(s) responsible for the death of David will ultimately be held accountable either in the Criminal Courts or the Civil Courts.

Skillern did not return our call for comment. The driver of the other vehicle will not be ticketed, according to police.

E-mail lzkalik@wfaa.com

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