Elderly driver who fatally struck 12-year-old Carrollton boy could face negligent homicide charge

Authorities are referring the case of an elderly motorist who fatally struck a Carrollton boy in December to a grand jury to determine whether the driver should face a charge of criminally negligent homicide.

Carrollton police also have asked the state to revoke 78-year-old Andrew Hewett’s driver’s license.

Hewett, a Dallas resident, was driving a van on South Josey Lane about 1 p.m. Dec. 23 when he veered off the street near East Crosby Road, police said. The vehicle struck 12-year-old Victor Garcia, a student at Dewitt Perry Middle School, who was walking on the sidewalk with his mother and a 7-year-old relative.

The younger boy also was hit by the van but was OK, authorities said.

Hewett, who remained at the scene, told officers he’d swerved to avoid a vehicle in front of him that had stopped suddenly, police said.

Police said the grand jury would determine whether the case could be charged as criminally negligent homicide, a felony that carries a punishment of six months to two years in state jail.

Hewett said Wednesday that he was confident he wouldn’t face a criminal charge.

“I don’t see how they could get me anyway,” he said.