Driver could be charged in fatal Houston crosswalk crash

Police are still determining whether criminal charges will be filed against a driver who hit and killed a woman in a downtown Houston crosswalk in late January.

Why it matters: Advocates say the case could lead to Harris County's first prosecution under the Lisa Torry Smith Act, a 2021 Texas law that made it a felony for drivers to severely injure or kill someone lawfully using a crosswalk.

• While other Texas counties, including nearby Fort Bend County , have filed charges using the new law, Harris County has not.

What happened: Patricia Martin, 64, was crossing Milam Street along Walker Street in the crosswalk around 12:25pm Jan. 29 when the driver of a Chevrolet Silverado turned and hit her, police said.

• Axios is not naming the driver because he has not been charged.
• The driver told police he stopped, backed up his truck and placed a pillow under Martin's head, according to a Houston Police Department crash report obtained by Axios. He told police he asked a bystander to call 911.
• Martin was rushed to Memorial Hermann in the Texas Medical Center, where she was pronounced dead.

By the numbers: 21 of Harris County's 184 pedestrian deaths in 2023 occurred at an intersection, according to data compiled by the Texas Department of Transportation.

What they're saying: Gina Torry, Torry Smith's sister and leader of the Citizens for Road Safety advocacy group, tells Axios that the lack of prosecutions in Harris County isn't indicative of safe pedestrian infrastructure but instead of an absence of political will from District Attorney Kim Ogg.

• "There is a lack of political will and leadership in Harris County to enforce Texas laws designed to protect the people of Texas," Torry said. "Lack of political will to enforce the new Texas crosswalk law also means that there is a lack of effort to raise awareness of the law by the DA's office and direct orders for how the police should enforce it."

The other side: When asked about the case and the Lisa Torry Smith Act, a District Attorney's Office spokesperson told Axios the office sent staff to monitor the scene and is waiting for the results of the police department's investigation.

Between the lines: Torry said her advocacy group has applied two years in a row for federal grants through TxDOT to help train prosecutors in Harris County, but TxDOT denied each of those applications.

Details: Police allowed the man to drive off in his pickup without charges or a citation, but they said the investigation is ongoing. They said he was not impaired.

• In a press release and again in their official crash report obtained by Axios, HPD crash scene investigators preliminarily determined the driver failed to yield the right of way to Martin.
• Police investigators declined to comment for this story, citing the ongoing investigation.

"It appears that the death of Patricia Martin was a violation of the new Texas crosswalk law," Torry said after reviewing the crash report. "Police need to be systematically fining and, if required, arresting those who choose to endanger lives by breaking the crosswalk law."

What's next: Whether the driver will be charged under the Lisa Torry Smith Act.

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