Family Seeking Manslaughter in Roadside Death 8/14/13
CBS 7 News
August 14, 2013
The family of a man who was struck by a vehicle while trying to cross the road is demanding justice for their loved one's death.
While the driver responsible has been charged, it isn't nearly as serious an offense as they'd like.
Now police are explaining why manslaughter, isn't on the table.
We spoke to Odessa Police today who explained why Cristian Leon is only being charged with "failure to stop and render aid" rather than manslaughter after hitting and killing a pedestrian.
They say, in this case, the man crossing the street was at fault.
A family grieves the loss of father, son, and husband: Derrick Current.
He passed away on Sunday in the hospital.
On the night of August 9, Derrick Current, was trying to cross East 2nd Street when a red F-150 struck him and instead of stopping to help, the driver keep going.
Police were able to track down the vehicle, which was impounded the day after the accident, but not the driver.
The driver, Cristian Leon, turned himself into police yesterday.
"If Mr. Leon had stayed there at the scene then more than likely there probably would have been no charges being filed because the pedestrian is out in the middle of the roadway,” says Sgt. David Lara.
Police explain Current was at fault because he failed to yield to the truck however, had he been crossing in a designated crosswalk, the driver would be at fault.
Because police could not prove that Leon had been driving recklessly, family and friends of the victim say he is getting off too easy.
Police tell CBS 7 that this case is now closed and no additional charges will be filed.