Man charged with assault after Christmas Eve auto-ped crash

FILE - Police lights blue (KXAN File Photo)

AUSTIN (KXAN) — A driver was charged with aggravated assault after hitting an elderly pedestrian on Christmas Eve in downtown Austin, according to an affidavit filed in court. 

Julio Gabriel Aguilera, 34, faces a second-degree felony after police say he hit 82-year-old Mary Winkler when she walking across the intersection of Cummings Street and East Avenue in downtown Austin. 

Police say the intersection of Cummings St. and East Ave. is a T-intersection with a stop sign in place for eastbound traffic on Cummings St. A nearby business captured the crash on their surveillance cameras, police said. 

The morning of Dec. 24, police say Aguilera was stopped on the wrong side of Cummings Street with his left wheel to the curb. Winkler, who used a walker, began crossing Cummings St. When she started crossing the street, police say Aguilera was either stopped or moving very slowly. 

As she kept going across the street, Aguilera started to move and speed up, headed straight for Winkler. Police say he hit Winkler, who toppled over and his car crossed through the intersection and stopped in the crass along East Ave. 

Aguilera was not under the influence at the time of the crash and police say he admitted to them that he hit her with his car. Winkler was left with two broken femurs among other injuries and remains in an inpatient rehab facility while recovering. 

Police say Aguilera acted recklessly when he was on the wrong side of the road, when he ran a stop sign, when he didn’t stop for Winkler and when he didn’t stop after he hit her. 

He faces a $25,000 bond. 

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