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FOX25 Investigates if charges will be filed against driver in Sweet Tomatoes crash

NEWTON, Mass. — Six weeks after two people were killed when an SUV slammed into a popular restaurant there has still not been a decision on if the driver will face charges.

Flowers still line the sidewalk outside of Sweet Tomatoes in Newton and boards still cover the windows of the closed restaurant.

In addition to the two deaths, dozens of people were injured when the SUV crashed into the front of the restaurant after failing to stop at a red light and crossing a main road.

FOX25 Investigates went to the Newton Police Department and Middlesex District Attorney’s Office to ask why a decision about charging the driver has not been made.

"Each crash is different and some investigations take longer than others,” Newton Police said.

Former federal prosecutor Brad Bailey told FOX25 he isn't surprised that it has been six weeks with no results.

“I think this is much more time consuming just because they are trying to figure out what happened here,” Bailey said.

Middlesex DA Marion Ryan wouldn’t go on camera, but told FOX25:

"The investigation into the crash that occurred at Sweet Tomatoes Restaurant in Newton remains open and ongoing. It is important to take the appropriate time to thoroughly examine all the facts, evidence and circumstances to reach a complete and accurate assessment of what happened.”

Bailey says things get more complicated if medical issues come into question.

“You have to get a hold of this guy's medical records if that is something they are looking at,” he said.

FOX25 tried to speak to Brad Casler, the driver of the SUV, but was unable to reach him. The state has suspended Casler’s license while the crash is under investigation.

The District Attorney told FOX25 they will speak publicly when the case is finished, but Bailey said there’s no clear idea of when that will happen.

"There's a statute of limitations in terms of when they have to bring the charges but they are well within the window here. They just want to make sure they are getting this right,” he said.

It’s unclear at this time what the owners plan to do at the location.