AUSTIN (KXAN) — A driver accused of hitting and killing a man who was standing at a bus stop and then driving off now faces a manslaughter charge.
Darrell Shane Smitty, 52, of Hutto, was arrested last week and charged with Failure to Stop and Render Aid. Ernesto Garcia, 40, was standing at the bus stop near Ben White Boulevard and First Street Wednesday when police say Smitty drove his truck up onto the sidewalk and hit him.
Police say Smitty was driving in the far right turn lane westbound on the frontage and was stopped at a light next to a bus, which was going straight. When it turned green, witnesses say the truck sped up to try to beat the bus and go around it, and in the process, the truck jumped the curve, continued on the sidewalk and hit Garcia.
Witness video showed Smitty getting out of his truck, checking on Garcia and then getting back inside and leaving the area. He was arrested a day later at Dell Seton Hospital, where he had been admitted and was being treated. Medical personnel told police they had tested his blood and found alcohol and opiates in it. When calculated, his Blood Alcohol Content was between 0.076 and 0.083. It’s not known if the opiates detected were from a previous hospital visit.
Prior to the crash, police say he had been in the hospital and video showed he still had a patient bracelet on.
According to an arrest affidavit, Smitty had an expired license and had three active driving without a license suspensions.