Last modified: Friday, July 3, 2009 2:08 PM EDT

Elderly driver claims bias

NORTH ATTLEBORO - The elderly driver of a car that allegedly pinned an 11-year-old boy between two vehicles at Emerald Square mall Monday says he's being unfairly targeted because of his age.

Domenick Perry, 85, of 173 Cherry Hill Road in Seekonk, says he doesn't believe his car ever actually touched Zachary Rofino, 11, who was helping his sister remove a stroller from their family's SUV when he allegedly was struck.

Perry said he's the victim of bias against older drivers.

"Yes, I honestly believe that," said Perry, whose license was revoked following the incident. "There was no good reason to suspend my license."

Perry's comments brought an angry response from Donna Rofino, Zachary's mother.

"I never expected all this," said Rofino, who said her son is on crutches after being treated at Hasbro Children's Hospital for injuries to his hip and thigh. "It's so insulting to my son, first to have someone do this and then not to take responsibility for it."

Rofino said Zachary suffered bruising on his hip and has an indentation where he was pinned by the car bumper.

"He's lying on the couch," Rofino said. "It's summer. He should be out playing basketball."

According to police, Perry was charged with driving to endanger following the accident in the Macy's parking garage at the mall.

Zachary was attempting to remove the stroller from the rear of his mother's sport utility vehicle when Perry's car allegedly backed into him, the police report said.

Perry said he was backing out of his parking space when he heard a scream. He said he did not see any indication that he had struck Zachary and the boy appeared to be unhurt.

Perry, a World War II veteran, said he drove an armored car during the war and was a member of the Teamsters in civilian life.

"And in all that time, I never got a citation," he said.

Perry said losing his driving privileges is a hardship and that he relies on his car for shopping trips and to take his ailing wife to doctors' appointments.

RICK FOSTER can be reached at 508-236-0360 or at rfoster@thesunchronicle.com.