This story originally appeared on Brookline.News, an independent, nonprofit news organization dedicated to providing comprehensive local news coverage for Brookline.
The family of a Brookline woman who died after a state trooper struck her while walking in a crosswalk on Route 9 has sued the Massachusetts State Police, alleging negligence and wrongful death.
Margie Mendez, 86, was running errands in Chestnut Hill on Jan. 15 when she was struck by trooper Kyle Santoro, driving a State Police cruiser. She died on April 5, after months in the hospital with a head injury and broken bones.
The Norfolk District Attorney’s office told Brookline.News this week that an investigation by several law enforcement agencies found that the operator of the vehicle, the trooper, was not at fault.
Mendez’s family previously told Brookline.News that they were frustrated by a lack of communication and accountability from the state law enforcement agency after the crash and Mendez’s death.
The lawsuit filed in September through attorney Luke Mitcheson claims that the trooper “negligently failed to exercise due care” after failing to keep a “proper lookout” when making a right turn from Hammond Street onto the westbound side of Boylston Street.
“Mrs. Mendez was a caring and loving presence in the community, and her loss has been felt deeply by all who knew her,” said Mitcheson in a statement to Brookline.News. “With this lawsuit, we hope to hold the Massachusetts State Police accountable for the alleged negligence and failures that led to her injuries and tragic death, and to pursue justice for her family.”
Tim McGuirk, a spokesperson for the State Police, said that the department “renews our deepest condolences to the family and loved ones of Ms. Mendez.”
He said that the agency does not comment on pending litigation and referred questions about the incident to the Norfolk District Attorney’s Office. The deadline for State Police to formally respond to the lawsuit in court is in January.
D.A. Morrissey will not file any charges
David Linton, a spokesperson for Norfolk District Attorney Michael Morrissey, said that information gathered by Brookline police, the Massachusetts State Police, and an additional collision analysis and reconstruction by the Quincy Police Department found that the operator of the motor vehicle was not at fault, and no charges were issued.
Santoro was identified as the driver in a short Brookline Police Department report obtained by Brookline.News through a records request.
(State Police would not confirm that information or the spelling of the trooper’s name, which is listed as Sontoro in the lawsuit. An officer named Kyle Santoro graduated from the agency’s academy in October 2024, three months before the crash).
Santoro told Brookline police that when he made a right turn with a green light, Mendez simultaneously “stepped off the curb in front of his cruiser.”
It’s not clear from the report whether the pedestrian walk sign was on while Mendez was crossing. Under the current configuration of lights at the intersection, the walk light to cross Boylston Street only triggers if a button is pressed by a pedestrian.
But state law requires drivers to yield to pedestrians in crosswalks whether or not they have a walk light.
Santoro told Brookline police that he “immediately exited his cruiser to render aid” until an ambulance arrived.
Mendez’s death certificate, obtained by Brookline.News, confirms that the injuries she suffered in the January crash caused her death.
Neither the State Police or DA’s office has released other details, including how fast the trooper was driving, whether he was responding to an emergency, or how quickly emergency services responded after the crash. The day of the crash, the agency told news outlets that the trooper was traveling at a “very low speed.”
'He was so lonely without her'
Meanwhile, Mendez’s family is still reeling from the passing of the woman they considered their “matriarch,” and another recent loss.
Margie’s husband, Rafael Mendez, died on Nov. 5 at the age of 87.
As well as being married for 55 years, Margie was Rafael’s caregiver in his later years, according to Keith McCarthy, their son. Her death was difficult for him, McCarthy said.
“He was so lonely without her. As much as we took care of my father it just wasn’t the same with her not being around,” McCarthy said. “My father died of a broken heart. It may sound cliché, but I truly believe that because I witnessed it.”
