No criminal charges have been filed, but the crash remains under investigation

By People Staff
March 07, 2018 03:28 PM

The shock and sadness that followed Monday’s deadly crash in Brooklyn, New York, that killed two small children and shattered the lives of their injured mothers has turned to outrage two days later, as the driver remains free with no criminal charges filed.

The crash killed 4-year-old Abigail Blumenstein and 1-year-old Joshua Lew.

Blumenstein is the daughter of Ruthie Ann Miles, a stage and television actress who won a Tony Award for her work in the 2015 revival of The King and I. Miles, who is pregnant, was also injured in the crash, but is in stable condition, as is her unborn child.

A source tells PEOPLE Lew’s mother is Miles’ friend; Lew’s mother was also hospitalized after the crash.

Here are six things to know about this tragic case.

1. Miles Won a Tony Award for Performance in 2015 revival of The King and I

Miles won a Tony Award for best featured actress in a musical for her role in the 2015 revival of The King and I, and has also had a role as Young Hee Seong in the television show The Americans.

Her daughter, Blumenstein, performed in the musical Chess at the Kennedy Center in Washington, D.C., TIME reports.

According to a GoFundMe page in Blumenstein’s honor, Miles is pregnant.

2. Miles’ Unborn Child Was Not Harmed

Although police said the adult victims of the crash were in “stable condition,” the GoFundMe page to honor Blumenstein initially stated that the 34-year-old star was “injured and in critical condition.”

However, an update posted to the GoFundMe later Tuesday said that Miles was “no longer in critical condition” and was “on the road to physical recovery. Also, thankfully, her unborn child is unharmed.”

3. Driver Allegedly Ran Red Light — and Claims She Had Seizure

Sources within the New York Police Department tell PEOPLE the driver in Monday’s crash claims she experienced a seizure as she approached the red light. The car slowly crept into the intersection before accelerating through the cluttered crosswalk, according to the sources.

The sources allege that after running the red light, the driver allegedly continued down the street until crashing into some parked cars. The Joshua Lew’s stroller was dragged halfway down the street with the 1-year-old in it, according to the sources.

The driver has a history of traffic stops, the NYPD sources confirm: She was ticketed for allegedly driving through red lights four times within last two years and, during that same time period, was also cited four times for allegedly speeding through a school zone.

Ruthie Ann Miles and
| Credit: Walter McBride/WireImage

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The disposition of those citations and tickets was not immediately clear on Wednesday.

4. The Driver Has Not Been Charged

As of Wednesday morning, charges had not been filed against the suspected driver. But a spokesman for the Brooklyn District Attorney’s Office tells PEOPLE the investigation into Monday’s tragedy has not been closed, meaning there is a chance the woman could be charged with a crime.

NYPD sources say the focus of the investigation will be on the driver’s alleged claims concerning her seizure. If doctors can verify her account of the accident, she might face, at most, involuntary manslaughter charges, the sources say.

They add that a reckless driving charge is also possible.

Miles is said to be recovering from the crash, but her friend’s status was unclear. News of the tragedy elicited an outpouring of support from the Broadway community Tuesday.

Ruthie Ann Miles
| Credit: Lev Radin/Pacific Press/LightRocket/Getty

5. Police Have Taken The Alleged Driver’s License

An NYPD source on Wednesday confirmed a number of reports that the alleged driver’s license was taken from her on Tuesday.

The source says it is possible the woman was driving against the orders of her doctor, a possibility police plan to investigate, says the source.

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Lt. John Grimpel of the NYPD confirms to PEOPLE in an email that the crash occurred on Monday around 12:40 p.m. when a 44-year-old female allegedly “failed to maintain control of the vehicle and struck the pedestrians.” The crash occurred in the Brooklyn neighborhood of Park Slope.

6. Law: Drivers With Seizure Conditions Need Doctor’s Sign-Off

The New York State Department of Motor Vehicles website indicates motorists who’ve experienced, experience, or take medication for “any condition which causes unconsciousness or unawareness such as convulsive disorder, epilepsy, fainting or dizzy spells, or heart ailment” must have a qualified doctor complete a medical review form.

The state will only issue a license if an applicant’s doctor can attest they have not experienced a seizure within the last year. Each case is evaluated individually, and there is an extensive appeals process for those who are declined.

GoFundMe pages have been set up in memory of both Abigail Blumenstein and Joshua Lew.