The driver who hit a Gainesville boy buying ice cream Sunday will not be charged, according to the Georgia State Patrol.
Monterio Antwaun Pierce, 26, crossed a double yellow line in order to pass an ice cream truck on Floyd Road near El Dorado Drive at about 7:30 p.m., according to the incident report.
Maria Mendoza, 19, was driving the ice cream truck, and GSP Cpl. Dallas Van Scoten said it was improperly parked.
“All three involved parties were in the wrong,” Van Scoten said.
The boy, Victor Borilla, 7, “walked up into the road and went to the truck,” Van Scoten said.
He was hit by a Dodge Magnum driven by Pierce and “incapacitated,” suffering a chest injury, according to the incident report. He was airlifted from the scene to Children’s Healthcare of Atlanta at Scottish Rite where additional information on his condition was not available.