No charges filed in ‘chain reaction’ crash involving e-bike that killed 4-year-old in Burlingame

BURLINGAME, Calif. (KGO) — The San Mateo County District Attorney’s Office announced Thursday that it has decided not to file charges against a 19-year-old driver who struck and killed 4-year-old Ayden Fang in Burlingame last year.

On Aug. 8, 2025, the car the teen was driving jumped a curb and crashed into a restaurant after what was described as a “chain reaction” crash involving an e-bike.

Fang was killed, and a 6-year-old was injured in the incident.

PREVIOUS REPORT: ‘Chain reaction’ of events lead to deadly Burlingame crash that killed 4-year-old boy, police say

A family friend told ABC7 News reporter Luz Pena that Ayden’s family was meeting another family at the Truffle Poke Bar restaurant the night of the crash.

The other family was the parents of the 6-year-old girl who was hurt in the crash. She was taken to Stanford Medical Center with non-life-threatening injuries.

Ayden and the 6-year-old girl were reportedly done eating and were right outside the restaurant playing while their parents were inside when the crash happened.

Ayden has a younger brother, 2 years old, who was inside with Ayden’s parents.

On Thursday, the San Mateo County District Attorney’s Office announced they will not pursue charges against the driver.

“It was our determination that we would not be able to get 12 members of a jury to agree to convict. Primarily because of the element that is required for criminal negligence here,” said Assistant District Attorney Rebecca Baum.

That decision has angered some in the community, like Safe Streets advocate Mike Swire.

“We trust our government, our elected leaders, our district attorney to prosecute crimes and make sure there’s a legal deterrent to people doing the wrong thing. And in this case, they failed us,” said Swire.

Swire believes a lack of investment in people-friendly infrastructure has led to the deaths of several people.

“We actually had three people on foot die in the city of Burlingame, a city of only 30,000 over a year period and that’s ridiculous,” he said.

Swire wants the driver involved in Fang’s crash to face consequences.

He also thinks the DA’s office has a history of not charging drivers in cases such as this one.

A claim their office rejects.

“We evaluate every case individually. We compare the facts to what the law is and then make our decision based on whether or not we think first that there is criminal conduct, and second whether or not a jury would convict,” said Baum.

Safe Street advocates tell ABC7 News they will hold a protest on Friday afternoon against that non-charging decision.

In an exclusive interview with ABC7, Fang’s mother described him as “a very giving child. He was generous with love. Either with friends or strangers.”

EXCLUSIVE: Parents of 4-year-old boy killed in Burlingame crash share message he left behind

“I miss him and his hugs. His favorite thing to do was hugs and kisses. He’ll run over and say, ‘daddy can I get a hug and kiss?’ he would say, ‘Daddy, I love you,’ and I would just hear this trail of laughter, and we are never going to have that again,” said Fang.

Police say a 19-year-old woman from San Mateo was behind the wheel. Authorities say it appears drugs and alcohol were not a factor here, and she was not placed under arrest.

“It appears the vehicle was leaving the parking lot and collided with a bicyclist, creating a chain reaction, hitting the curb, striking two juveniles, and crashing into the restaurant,” Lieutenant David Perna from the Burlingame Police Department said.

According to Burlingame police, the e-bike had the right-of-way and, based on all the evidence they have gathered so far, was following all state and local laws.

According to Burlingame police, preliminary findings suggest the 11-year-old boy on the e-bike had the right of way. He was going eastbound on Donnelly Avenue. The driver was exiting the parking lot and pulled out directly in front of the e-bike when the collision took place. It’s still unclear why the driver crashed into the restaurant.

“I can’t say at this time exactly why she accelerated forward,” said Perna.

After the collision, the car accelerated suddenly, colliding with the kids and the front of the restaurant.

In a statement to ABC7, the DA’s office said they don’t typically issue a statement on a decision not to prosecute a person; the only exception is for officer-involved fatal shootings.

If you would like to help, Burlingame community members set up a GoFundMe for Ayden Fang here.

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