Hal Tucker Blythe, Sr., 85, a retired Texas State University education professor, died Sunday, March 2 of injuries suffered when he was struck by a car in the parking lot of a grocery store on Feb. 26.
A 93-year old driver was backing his vehicle out of a handicapped parking space in front of the HEB Grocery at 200 W. Hopkins when his foot slipped off of the brake and onto the accelerator, according to police investigators.
His vehicle sped backwards and to the right, striking and disabling a car driving in the parking lot. The car continued to travel backwards and struck the victim, who was taking an item out of the trunk of his own car. The car then hit another parked vehicle, knocking it into two other parked cars.
Dr. Blythe was transported by EMS to University Medical Center at Brackenridge in Austin.
Following an investigation by the San Marcos Police Department’s Collision Investigation Team, no charges were filed against the driver.Email | Print
How can the SMPD justify not filing charges against this 93 year old driver? The driver’s age should not matter. The fact that Mr. Blythe lost his life as a result of this driver’s carelessness should be enough to file involuntary manslaughter charges. This result is simply ludicrous. I would hope that the newly elected district attorney and former “top prosecutor” of the OAG would take a closer look at this case.
If you can tell me where in the Texas Penal Code the charge of “involuntary manslaughter” is located I will buy you a steak dinner. I’ve attached a link to help your search.
If you come back and argue that the charge should now be Criminally Negligent Homicide I have taken the liberty of pasting the Texas Penal Code definition of criminally negligent.
“A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”
I hardly feel that just because they guy’s foot slipping off the brake pedal onto the gas pedal it constitutes this definition. If the old man had been driving 40mph in the parking lot because he was late for Bingo then you would have a valid argument.
I don’t know about “involuntary,” and it is (I believe) a more serious crime than criminally negligent homicide, but:
Sec. 19.04. MANSLAUGHTER. (a) A person commits an offense if he recklessly causes the death of an individual.
(b) An offense under this section is a felony of the second degree.
Maybe you can just buy my baked potato.
I apologize for that. I read the comments and lost track of the story. Really not the place for jokes.
My condolences to the family and friends of Dr. Blythe and my sympathy to the driver, who is probably pretty upset.