https://abc11.com/driver-charged-in-hit-and-run-that-killed-cary-woman-walking-dogs/6887941/
This happened about a mile from my house around 6:45 this morning. Sunrise was about 7:17 with a heavy overcast. Woman was wearing a reflective vest and walking two dogs. Driver says he thought he hit a deer so he didn't stop, but saw it on the news midday and called 911 to say he was the driver of the truck. He's charged with felony hit and run. It's a terrible tragedy. But I have some questions for those of you who know your way around the courthouse.
This happened about a mile from my house around 6:45 this morning. Sunrise was about 7:17 with a heavy overcast. Woman was wearing a reflective vest and walking two dogs. Driver says he thought he hit a deer so he didn't stop, but saw it on the news midday and called 911 to say he was the driver of the truck. He's charged with felony hit and run. It's a terrible tragedy. But I have some questions for those of you who know your way around the courthouse.
- I looked up the elements of felony H&R and they are all obviously met in this case except for the requirement that the DA prove he knew, or should have known, that he had hit someone. He claims he thought it was a deer, which seems credible, especially at twilight. I suppose that means that the investigation produced evidence that showed he knew (or should have known) it wasn't a deer?
- Who would have made the decision to charge him? Investigating agency or the DA?
- This was a Class F felony. Will he lose his guns if convicted? Is that permanent?
- He bonded out this afternoon. Will the Sheriff come to his home now and collect his guns because a felony charge is pending?
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