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.

On Thursday, Hewett said he was “desperate to do something” after the incident.

“I want the kid to still be alive,” he said.