On a quiet West Side block where kids stream into Ronald E. McNair Elementary each morning, a small memorial now marks the spot where 9-year-old Anakin Perez was killed on his way to class. His family says they are still waiting for answers - and real accountability - after the driver who struck him received only a traffic citation and no criminal charges.
The crash happened just after 7:40 a.m. on Sept. 18 in the 4800 block of West Walton Street, outside McNair Elementary, officials and relatives said. According to ABC7 Chicago, Anakin was taken to Stroger Hospital and later pronounced dead. School staff and counselors were brought in to support classmates and teachers reeling from the loss.
Neighbors and witnesses told reporters that home security cameras captured the moment Anakin stepped into the street and was hit, and that people ran toward the boy to try to help. NBC Chicago reported that the driver initially left the scene, then returned about 30 minutes later, as a roadside memorial quickly grew. Family members say the video and eyewitness accounts raise serious questions about how the crash was investigated and why more serious charges were not filed.
Family Points To Driver's Record
In an investigation published this week, FOX 32 Chicago reported that the driver has a history of traffic violations and an active DUI-related case that includes allegations of reckless driving, improper lane changes, and an open container. The family's attorney told FOX 32 that police had enough grounds to hold the driver longer or seek a warrant for a blood draw after the driver refused sobriety testing.
"It would have taken 48 hours to hold this young lady, but instead this young man's death is reduced to a traffic ticket," the attorney said, arguing that officers should have treated the case more like a potential felony than a routine crash.
Legal Context: What The Law Allows
Under Illinois law, drivers involved in crashes that cause injury or death must stop and remain at the scene and report the incident. Failing to do so can be charged as a felony when someone is hurt, according to the state's vehicle code. Illinois General Assembly statute 11-401 spells out those duties and increases penalties when a crash results in death.
Legal analysts note that in serious cases, prosecutors can ask a judge for a search warrant to obtain blood evidence, but only if there is probable cause. As Pignatelli Law and other legal experts explain, those calls usually depend on what investigators bring to a prosecutor and judge, including witness statements, video, driver behavior, and the physical evidence at the scene.
Neighbors Demand Safer Streets
Residents and traffic-safety advocates say the area around McNair has long been hazardous for children walking to school. They point to midblock crossings, lines of parked cars, and uneven traffic enforcement as everyday problems that make it harder for drivers to see kids and for kids to safely cross the street.
Streetsblog Chicago examined those issues and highlighted features such as raised crosswalks, curb extensions, and automated speed enforcement that have been shown to reduce the types of crashes that kill pedestrians. After Anakin's death, Block Club Chicago reported that neighbors launched a petition and began pressing city and school officials for permanent safety upgrades around the campus.
Where Prosecutors Stand
In a statement to FOX 32 Chicago, the Cook County State's Attorney's Office said it has not been contacted by law enforcement to review the crash for potential felony charges. Prosecutors said charging decisions depend on the evidence that investigators submit for review.
Chicago police said the Major Accident Investigation Unit's probe remains open and ongoing. Attorneys for the Perez family say they will keep pushing prosecutors for a full review of the case and are also weighing civil action against the driver.
As weeks go by, relatives maintain the small memorial on Walton Street and keep calling for accountability, insisting that a traffic ticket cannot be the final word on Anakin's life. "He was worth more than just a ticket, or two, or three," family members told NBC Chicago. Their lawyers say they plan to pursue both criminal and civil avenues until prosecutors and police provide a fuller explanation of why no criminal charges were filed.
