GAITHERBURG, Md. 鈥� Criminal charges will not be filled against the man who killed an FBI agent and a deputy state fire marshal on Interstate 270 in December 2017.
The decision comes after prosecutors in Montgomery County found there was not enough to charge Roberto Garza Palacios, 28, of Germantown with anything more than a traffic violation.
鈥淭his is just a really, really nasty accident,鈥� said Garza Palacios’ attorney Asim Humayun.
On Dec. 8, FBI agent Carlos Wolff and Deputy State Fire Marshal Sander Cohen were struck by a car driven by Garza Palacios as they stood in the left shoulder lane of I-270, next to a concrete median wall.
Cohen had stopped to help Wolff after his car had become disabled, according to police.
Humayun said his client swerved into the shoulder to avoid striking the stopped vehicle that Wolff and Cohen were standing beside.
鈥淗e didn鈥檛 even know he had hit anybody initially, because his air bags deployed as soon as he hit the median,鈥� Humayun said.
Garza Palacios was cited for negligent driving and fined $280, which he paid on June 25, according to court records. Humayun said a thorough investigation took place and the result was a proper one.
鈥淲e鈥檙e just absolutely irate,鈥� said Marla Wolff, Carlos Wolff’s widow.
Wolff believes Garza Palacios, who immigration officials said聽is in the country illegally, should have at least had his driver鈥檚 license suspended.
鈥淔or him to just be given this small fine to pay is just ridiculous,鈥� Wolff said.
Carlos Wolff鈥檚 sister Linda Wolff Gaviria believes that after Garza Palacios was given a previous citation in 2015 for negligent driving, he should have been taken off the road.
She said in a statement that her family is made up of immigrants who have worked hard and have contributed to the community, and that living in the United States is a privilege.
鈥淧eople like Roberto Garza Palacios have squandered that opportunity,鈥� Gaviria said.
Humayun said his client’s immigration status or past record had no bearing on this case.
The attorney said his client is devastated by what happened and wanted to reach out to the Wolff and Cohen family, but was advised against doing so.
鈥淚 understand that they are angry and upset, possibly with the state鈥檚 investigation, but at the end of the day, it was an accident,鈥� Humayun said.
Wolff said the months since the death of her husband have been filled with pain for her family, including the couple鈥檚 two young children.
鈥淢y kids don鈥檛 have their father anymore. Father鈥檚 Day was so hard,鈥� Wolff cried.
The family spent the past Father鈥檚 Day at Carlos鈥� grave site, something Wolff called the family’s 鈥渘ew reality.鈥�
As they heal, Wolff said she plans to turn her attention to pushing lawmakers to tighten laws which could result in tougher penalties in cases such as Garza Palacios in the future.
鈥淲e don鈥檛 want anyone else to go through these horrific losses,鈥� Wolff said
