Defense witness says driver not at fault in 2018 death of South Boston child

BOSTON — A witness to the crash that killed two-year-old Colin McGrath in South Boston took the stand in court Tuesday. Charlene Casey has been charged with motor vehicle homicide after she allegedly caused the chain-reaction crash.

On day three of the trial in Suffolk Superior Court, 30-year-old Kevin Bui’s testimony seemed to contradict the prosecution’s argument. 

Bui told jurors he was driving down L Street in South Boston on the afternoon of the crash. He said he noticed the Prius, driven by Casey, trying to come out from East 6th Street so he stopped to let her by. 

“I stopped, and we both made eye contact, I waved her and she acknowledged it, she did the little hand gesture, and then she started nudging out little by little. She didn’t just go out, just nudged out a little,” he said. 

According to Bui, he didn’t see any traffic coming in the other direction but then heard the sound of an engine and its RPMs going up.  

“Two seconds after hearing it, all of a sudden the van just came out of nowhere and hit her in the front side front,” Bui said. “It had to have been going at least 20 above the mile limit.” 

During cross-examination, prosecutors referenced surveillance images while asking Bui who hit who. “Is it fair to say the van is already in the intersection of L Street and E. 6th when that white Toyota appears to accelerate by pressing on the gas?” they said. 

“Yes, I’d say that’s fair to say,” Bui responded. 

After hearing Bui’s testimony, jurors boarded a bus along with attorneys, the judge, and court staff, to see the scene for themselves. 

They weren’t allowed to take notes, just make observations.