CHARGE FILED IN FATAL CRASH STUNS FAMILY

Representative Of District Attorney's Office Says Driver In Collision That
Killed Toddler Will Be Prosecuted For A Misdemeanor Offense.

RANCHO CUCAMONGA -- A 21-year-old Rancho Cucamonga woman who authorities
say was high on marijuana when she crashed into the back of a car, killing
a 2-year-old child, has been charged with misdemeanor vehicular
manslaughter, San Bernardino County Supervising Deputy Dist. Atty. Clark
Hansen said.

Elaine Nasrawi could face up to a year in county jail and a $2,000 fine if
convicted.

But the family of Markies Kinder, who was killed instantly the night of
Jan. 30 when a 1995 Nissan Pathfinder rear-ended a 1989 Honda at Banyan
Street and Cabernet Place, said the misdemeanor charge does not go far enough.

"Only in America can a person who is high on drugs get away with killing a
2-year-old child," said Ron Kinder, Markies' grandfather.

Police found less than an ounce of marijuana in Nasrawi's car, and her
blood sample tested positive for marijuana's active ingredient, Hansen said.

But for felony charges to be filed, Nasrawi would have to have been
"grossly negligent," Hansen said.

"Her conduct did not rise to gross negligence," he said. "There was no
excessive speed. She was within the speed limit or under it."

At the time, San Bernardino County sheriff's deputies said Nasrawi was
traveling at the 45 mph speed limit when she slammed into the back of the
Honda, which was stopped to make a left turn. Deputies said there were no
skid marks.

Hansen said such cases often leave victims' family members dissatisfied.

"It's fairly typical that the family doesn't feel the punishment is
adequate," Hansen said. "But I can't bring the child back."

Hansen said all he could do was prosecute to the fullest extent allowed by
the law.

Mark Kinder, Markies' father, was riding in the front passenger seat of the
Honda. The family was visiting from Sacramento and had just attended Mark
Kinder's grandfather's funeral in Los Angeles, relative Bernita Tilford said.

"Mark wanted to bring his son down so he can see him [Mark's grandfather]
for the last time," Tilford said. "Unfortunately, we saw him [Markies] for
the last time. That was not a good day."

Mark Kinder now faces a possible citation for not having his son strapped
into a child safety seat.

"Car seat or not he wouldn't have made it," Tilford said.

Nasrawi is scheduled to be arraigned by Aug. 2, Hansen said.

The family has hired a lawyer, Kerry Tepper of Mission Hills, and is
looking into a possible civil suit, Tilford said. Tepper declined to comment.

"We're just concerned about Mark right now," Tilford said, adding that Mark
Kinder had recently married Markies' mother, Tina.

"They go to the grave site every day."