And another article seems to prove my point
For those who don't want to read the whole thing.....
"Investigation takes 3 weeks, they may or may not have been at an "unmarked crosswalk" or may have been jaywalking, was on his way to a crime via the route listed. This is why I always try and read at least 3 articles about the same story before i make a judgement.
"Several questions remain in the aftermath of the officer-involved incident in Oildale.
This much is known: Swearengin was driving west on Norris Road and the pedestrians were walking south across Norris near the intersection of Diane Drive when they were struck at around 7:30 p.m., the CHP reported.
Daniel Hiler, 24, and Chrystal Jolley, 30, died at the scene.
Several witnesses have said Swearengin was driving at a high rate of speed without lights or siren.
Authorities have not commented on that possibility. The investigation by the California Highway Patrol could take weeks, officials said.
At a press conference last Monday, Kern County Sheriff Donny Youngblood said Swearengin, a five-year veteran, has been placed on paid administrative leave. While the CHP conducts its investigation, he said, the Sheriff's Department will conduct an administrative investigation.
Information from the patrol vehicle's internal computer, sometimes referred to as a black box, will be analyzed by CHP investigators to determine how fast Swearengin was driving at the time of impact and whether and when he tried to brake.
Youngblood said there is no speed threshold when deputies are responding to emergencies.
But the department's emergency driving policy, which is seven pages long, is explicit.
"The safety of the deputy and the public must be the primary concern when driving under emergency conditions," the policy states.
In addition, the policy says deputies generally cannot violate traffic laws except when done in a safe manner and during Code 3 operations, meaning when utilizing lights and sirens, or while practicing generally approved patrol procedures.
According to Youngblood, Swearengin was headed to an area near Highway 65 and 7th Standard Road in response to a report of a stolen vehicle. He received the call just before 7:30 p.m.; the crash happened soon thereafter.
But that destination is miles from the accident scene on Norris Road. It seems clear that the use of emergency flashing lights on Norris would not have tipped off a perpetrator who may have been at the scene near Highway 65 and 7th Standard Road.
Authorities noted early on that the victims, Hiler and Jolley, were not in a crosswalk when they were struck by Swearengin's patrol car.
But according to the California Driver Handbook -- Laws and Rules of the Road, "most intersections have a pedestrian crosswalk whether or not lines are painted on the street."
Hiler and Jolley were crossing at or near where Diane Drive creates a T-intersection with Norris.
According to the driver handbook, most crosswalks are located at corners and that many crosswalks are not marked, including those in residential areas.
So the question remains: Could the intersection at Diane and Norris be considered an unmarked crosswalk?
http://www.bakersfield.com/news/local/x1797587204/Hit-a-pedestrian-Drivers-rarely-get-charged "
