By Mark LaFlamme,Staff Writer

LEWISTON – A man whose pickup truck slammed into a day-care center in November, injuring two children, won’t be prosecuted for his role in the crash.

The District Attorney’s Office this week dropped a charge of driving to endanger against 27-year-old Carl Dematteo of Litchfield. District Attorney Norm Croteau cited lack of solid evidence as the reason for the decision.

On Nov. 23, Dematteo was driving into town on Sabattus Street when he slid out of control, flipping the truck into the Donna’s Daycare at 977 Sabattus St., according to police reports. Witnesses told police Dematteo had been driving too fast during a storm that left the roads icy and slick.

A 4-year-old girl suffered injuries to her face, shoulder and arm when Dematteo’s truck plowed through a picture window at the day care. A 4-year-old boy was treated for a hand injury suffered in the crash.

Police summoned Dematteo at the scene of the wreck after talking to witnesses who reported he had been driving at high speeds the length of Sabattus Street.

“It’s our belief that this accident could have been easily avoided,” police Lt. Tom Avery said when the police investigation was complete.

The DA’s Office declined to pursue the charge, saying a case of driving to endanger would be hard to prosecute given weather conditions.

“There was snow, there was ice. It was a terrible day,” said Croteau. “Driving to endanger is a criminal offense. We have to prove criminal negligence.”

Croteau said those who saw the truck crash into the day care were unable to assess how fast Dematteo had been driving.

“We had no speed and no accident reconstruction,” he said. “There was a dispute over what his speed had been.”

Dematteo has declined to be interviewed about the crash since the day it occurred. Efforts to reach him Wednesday were unsuccessful.

Day-care workers and others were angry that the charges had been dropped.

“I understand it was an accident, but he was going way too fast and it was also snowing out,” Kara Child, an employee at the day care, wrote in a letter to the Sun Journal. “All I can say is this man ruined a safe place for these kids. We had to start all over again and make them believe that it wasn’t going to happen again. … But this man got nothing.”

By Maine law, a person is guilty of driving to endanger if he or she drives in a manner that endangers property or another person. It’s a charge prosecutors have been hesitant to pursue in the recent past, including instances where motorcycle riders are charged by police who spot them popping wheelies or performing other stunts.

In May 2004, Auburn police charged a Lewiston man after an officer spotted him doing wheelies with his motorcycle on a public street. The D.A.’s office chose not to prosecute, citing lack of evidence. Two months later, the same biker died of head injuries after falling off his bike while doing a wheelie.

Croteau said in cases with few witnesses and where speed was never recorded, his office needs to find proof that the accused offender was driving with criminal negligence. That explanation did not satisfy family members of the victims in the November day-care crash.

“They were upset, understandably. They were angry with us, understandably,” Croteau said. “But we have what we have.”

The morning accident caused an estimated $10,000 damage to Donna’s Daycare. Owner Donna Levasseur could not be reached for comment Wednesday night.