OFFICE OF THE RAMSEY COUNTY ATTORNEY John 1. Choi, Cuunly Allomey 345 Wabasha Streel North. Sulle 120 St. Paul, MN 55102-1432 Telephone (651) 266-3222 Fax (651) 266-3010 Criminal Division February 13, 2018 lnvesti gator Timothy Birkholz Metro Transit . Police 2425 Minnehaha Ave Minneapolis, MN 55404 RE: Suspect: Abdellalif El Manrouf County Allomey File No. 0620396453 Melm Police Incldem CN: 17032344 Dear lnvesti gator Birkholz: The contents of this letter are attorney work product and are, therefore, confidential The Ramsey County Allomey's Office has reviewed the abovermemioned case and has found reason not to tile a criminal complaint. This case was reviewed by Derek Fitch and his direct phone number is --. The case was declined for the following reason: El Maaronf was driving a Light Rail Train toward Minneapolis. He missed a horizontal signal telling him to stop the tmin. He ran a red light and struck a passenger mr driven by Westlalre. Westlake died a few days later and his leniale passenger sustained a broken arm from the crash. investigation revealed that El Maaroul was not on his cell phone at the time of the crash, and he did not have any drugs or alcohol in his system. The train was going just under 30 so El Maaroul was not speeding at the time of impact. Prim- to entering the intersection where the crash occurred and along the route, El Maarouf sounded his horn which is the practice when approaching intersections. El Maaronf evidently honked at the crash intersection in response to a SUV going through the intersection helore Westlake's car. El Maaroul refused an interview, he told olficers at the scene that he had the right of way. Surveillance video contradicts El Maarours statement. El Maaroul missed the horizontal line, the red tmfiic lights at the intersection, and the brake lights of the many cars at the intersection as he neared it. Although the [act he was driving a tmin heightens his duty of care, I am unaware of any case law that suggests the size of the vehicle involved in a CV0 or CVH impacts the gross negligence standard. As such, El Maarours driving conduct is that of anyone who misses a red light and mistakenly enters an intersection against the light. Although the consequences in this case were fatal, it does not mean that El Maarouf was driving with scant care. He was in control at the motor vehicle and honked to warn vehicl of the train's presence in the intersection. Based on the entirety of the facls in this case we cannot prove that El Maamuf was operating the train with scant care which is the legal standard required to prove gross negligence. Should you have any questions or concerns regarding this case, please speak with the attorney who reviewed the case. Sincerely, Ramsey County Attorney's Office Prosecution Division