By Alan Burke
MARBLEHEAD — There will be no charges in the death of 15-year-old Alessandra "Allie" Castner, who died after she was struck by a car in the early evening last Aug. 24 on Pleasant Street.
The Volvo S70 that hit her was driven by Thomas Larivee, now 19, of Salem.
This decision, which includes details of the accident never released before, was made by Worcester District Attorney Joseph Early Jr.
"After a thorough investigation that included dozens of interviews, a forensic analysis of the driver's Blackberry and a state police collision reconstruction, the conclusion is that the accident was unavoidable," Early said in a press release. "With no evidence to establish the commission of a crime, no charges will be brought."
The case had been moved to Worcester after the Castner family raised the possibility of the appearance of a conflict of interest based on Essex County District Attorney Jonathan Blodgett's casual acquaintance with Larivee's uncle.
The Castners declined to comment yesterday. Their lawyer, Gerry D'Ambrosio, revealed that he accompanied them to a meeting with the Worcester investigators early yesterday morning where the findings were discussed. While D'Ambrosio offered thanks for the early notice, he made it clear in an interview that Early's decision does not give "closure."
"There's one grating issue," he said. "There was an eyewitness." He said a blonde woman driving a late model Infiniti had been following Larivee and probably saw the accident. "We're going to try to locate this witness on our own."
Worcester officials have agreed to reopen the investigation should the witness be found and new information be forthcoming, he added, saying, "The eyewitness is crucial."
In a written statement, he asked "that anyone with knowledge of a white or cream-colored Infiniti FX35 present at the scene of the crash to notify state Trooper Gerard A. O'Malley at 508-832-9124."
Without the witness, D'Ambrosio said, only Larivee can say what happened, leaving a strictly circumstantial case.
"(The witness is) critical in terms of whether he should have seen her," D'Ambrosio said. "... He says he didn't see Allie. He just remembers the impact."
While D'Ambrosio is critical of the initial investigation by the Marblehead police, he conceded that he does not know if the eyewitness left the scene before police arrived. The Marblehead department was yanked from the case after one of its officers revealed a long ago and distant relationship with a Larivee relative.
Additionally, D'Ambrosio explained that in the coming days the Castners will be reading documents on the investigation released to them by Early's office. They may offer further comment at that point. No civil case is currently contemplated, he said.
Yesterday, Marblehead police Chief Robert Picariello said that his department had earlier concluded that no charges should be leveled against Larivee.
"Marblehead police stands by its investigation, which is consistent with the findings of the Worcester County district attorney," Picariello said.
Early's office disclosed that Allie Castner was pronounced dead at the Boston Medical Center at 11:52 p.m,, having arrived by helicopter from Salem Hospital roughly four hours earlier. Medical examiner William Zane ruled that Allie had been hit on the left side and was killed by blunt trauma, with skull fractures and brain lacerations.
The investigation determined that Allie was probably about eight feet into the crosswalk when she was hit, according to Early. Larivee told investigators he heard a "thump" and then saw the victim going over his vehicle. He next stopped about 100 feet down the road and called 911.
"Other than the victim and Mr. Larivee, no other eye witnesses to this accident were identified," Early said in his press release. "The first person on the scene was a driver who was traveling in the eastbound lane, which is the opposite direction that Mr. Larivee was traveling."
The witness gave first aid to Allie while her son also called 911.
Larivee told police he was going between 25 and 30 mph, but the state police accident reconstruction team, led by Trooper John Bibeau, determined that he was going 21 mph. They also did a forensic review of his Blackberry and concluded that Larivee had not been sending or receiving calls at the time of the accident.
A breath test and "field observation" found no evidence of drinking or impairment due to drugs.
"Trooper Bibeau, who has conducted more than 500 collision reconstructions in 13 years, concluded that the driver did not have enough time to recognize a person in the crosswalk and react," according to Early. "Based on the trooper's analysis and the evidence available, this tragic accident was unavoidable."
Larivee's lawyer could not be reached for comment.
