POLICE INVESTIGATE GIRL'S DEATH; MOTHER COULD FACE CHARGES IN CROSSWALK FATALITY.

Byline: Jesse Hiestand Daily News Staff Writer

Police said Friday that they are investigating whether a mother who darted into the path of a truck was negligent in the death of her 1-year-old daughter, who was crushed under the big rig's wheels.

As funeral plans were made for Janelle Garcia, Los Angeles police Detective Jim Deaton of the Valley Traffic Bureau said criminal charges could be brought against the girl's mother, 31-year-old Maria Elena Gazarez De Garcia, who was injured in the collision.

``It could be a citation. It could be a crime, or it could be nothing at all,'' Deaton said. ``Everything's still under investigation.''

Witnesses and police said Garcia was racing across the street - against a ``Don't Walk'' signal - with Janelle in the stroller in her hands and 5-year-old daughter Michelle at her side when the truck hit.

Police said they have found no fault by the driver, who insists he was making the right turn on a green light, Deaton said.

Maria Garcia disputed reports that she was crossing the street improperly when the truck hit her and her daughters, said Rodrigo Garcia, who is the brother of her husband, Rigoberto Garcia.

``She told Rigoberto that she was crossing during a green light,'' the brother said. ``She, more than anyone else, would be aware of that. She was aware of all her surroundings.''

On Friday, the driver of the truck was cited for several Vehicle Code violations that, according to Deaton, did not play a role in the fatal collision.

Manuel De Jesus Argueta, 34, of Canoga Park, was cited for not having current registration or a battery cover, he said.

The infractions were discovered during an inspection of the truck by the LAPD's Commercial Complaint Unit, he said.

``They went over the truck from one end to the other, and the truck was safe, but there were some very minor issues that had nothing to do with the accident,'' Deaton said.

Deaton said Argueta was hauling an empty rail container when the incident occurred at 3:20 p.m. Thursday at the intersection of Topanga Canyon and Roscoe boulevards.

Janelle was killed at the scene, police said.

The girl's father on Friday was making funeral arrangements and visiting his wife and daughter in the hospital, his brother said. Other family members were at her bedside as she went into surgery.

Maria Garcia sustained a broken left leg and complained of back and neck pain. She was being treated at Los Angeles County/USC Medical Center after being transferred from Columbia West Hills Medical Center, hospital officials said.

Michelle Garcia was scheduled to be released Friday evening from Childrens Hospital Los Angeles after getting a cast on her left arm and treatment for elbow injuries, said hospital spokesman Steve Rutledge.

``It appears like Michelle is going to be all right, but she's still traumatized because she witnessed the accident,'' Rodrigo Garcia said.

Although they have talked to a few eyewitnesses, police would like to talk to anyone else who saw the collision. Deaton said a final report will be completed in one or two weeks.

``I saw hundreds of people standing around, and I find it hard to believe that no one saw anything,'' Deaton said. ``We want to have the most thorough investigation.''

Anyone with information about this crash is asked to call Valley Traffic Division detectives at [phone].