AUSTIN — The family of the man who was killed while standing at a South Austin bus stop in August has sued the driver accused of running him over before taking off, according to KVUE's media partners at the Austin American-Statesman.
The Statesman said Ernesto Garcia's common-law wife, Amalia Nemesio Gomez, has sued Darrell Smitty, 52, on behalf of the five children she and Garcia had together. Garcia's family lives in Guatemala, according to the suit.
Smitty was charged after he allegedly drove over the curb at the intersection of South First Street and Ben White Boulevard the morning of Aug. 1 and hit 40-year-old Garcia. Garcia was at the bus stop.
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"The driver then was approached by a couple of witnesses that told him he hit somebody. The driver walked back to the scene, looked at the scene where he struck the subject, walked back to his truck, got in his truck and then left the scene," said Austin Police Corporal Chad Martinka around the time of the incident.
Garcia died shortly after the crash.