No Charges Against Driver Who Struck Children on Horseback

KFDX News Channel Three has recently reported on the new developments involving a fatal wreck that involved a pickup truck and a horse last summer. The criminal grand jury decided there was insufficient evidence to indict the driver of the truck. The wreck happened last July on McFall Road, just north of Highway 258. One of the children died, and the other one suffered from critical injuries. The driver was not injured in the wreck. The driver initially said that he swerved to miss dogs, prior to hitting the children.

Pickup Truck Strikes Children on Horseback

Last July, two children were riding a horse southbound beside McFall Road, when they were struck by a Chevrolet pickup truck. The 11-year-old boy, Jared Macias, died as a result of his injuries, and 11-year-old Destiny Doan suffered from serious injuries. The horse was also killed in the wreck. The collision happened around 1:00 p.m. on McFall Road near the Love Road intersection. Destiny Doan is still recovering from her injuries.

What About Criminal Charges?

According to KFDX News Channel Three, the reconstructionist’s report found that the driver was not speeding or under the influence of alcohol or drugs at the time of the collision. The driver reportedly told Department of Public Safety Troopers that he swerved to avoid hitting a pack of dogs and ended up hitting the horse and children instead. Last week, representatives from the District Attorney’s Office announced that the Grand Jury declined to indict the 60-year-old pickup truck driver. This news didn’t sit well with some residents in Wichita Falls.

What’s Next?

Some Wichita County residents felt like the criminal justice system let these families down. Protestors were outside of the courthouse on Monday holdings up signs for passing drivers to see. The families may still have a remedy in the civil justice system though. Even though the Wichita County Grand Jury chose not to indict the driver, the burden of proof for civil cases is different. Unlike most criminal cases, where the state must prove criminal intent, civil cases use a negligence standard. A civil jury could find the driver is responsible for his actions that day even though the grand jury did not indict him.  If surviving loved ones don’t feel like justice has been served, the family should contact a personal injury attorney to learn about their other options to hold the driver accountable. The attorneys at the Altman Legal Group provide victims and their families with free initial consultations to discuss their cases and the likelihood of success in a civil trial.  If you or a loved one have been harmed and would like to discuss your rights, give us a call at 1-800-772-0828 for your free consultation.