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Yavapai Co. recommends no charges in deadly Tempe crash with Uber self-driving car

Elaine Herzberg was killed in a 2018 crash in Tempe when she tried to cross Mill Avenue in front of a self-driving vehicle.

PHOENIX — The Yavapai County Attorney's Office has recommended no charges against Uber in a 2018 crash in Tempe when a self-driving vehicle hit and killed a pedestrian.

The case was sent to YCAO for charging review in May, months after the crash that killed Elaine Herzberg, who was trying to cross Mill Avenue. The Maricopa County Attorney's Office had a working relationship with Uber, so it asked YCAO to review the case.

YCAO said in a Tuesday release that "the collision video, as it displays, likely does not accurately depict the events that occurred." The release suggested that Tempe police should continue investigating to find additional evidence, including having an expert analyze the video.

Footage from inside the car and cell phone data showed backup driver Rafaela Vazquez may have been streaming video while operating the vehicle that evening.

RELATED: Report: Safety driver involved in fatal self-driving Uber crash was watching Hulu

It is not clear what MCAO's next steps will be.

Uber discontinued self-driving operations in Arizona last year in the wake of the crash.

The potential conflict of interest for MCAO stems from a 2016 anti-drunk-driving campaign it ran with the ride-sharing company.

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