Written by The Houston Chronicle is reporting:
“Fort Bend prosecutors filed criminal charges in a fatal pedestrian crash Friday, marking the first time a new law emanating from the county will make its way into a criminal courtroom related to negligently striking someone in a crosswalk.
Bao Giang, 50, of Richmond, was arrested after the crash Monday and District Attorney Brian Middleton sought an indictment for criminal negligence, related to striking a pedestrian in a crosswalk. If indicted, Giang would be the first person charged after changes to Texas laws toughening the requirement that drivers stop for any pedestrian or cyclist legally crossing in a crosswalk.
“We have investigated a lot of cases and this one is the first one we thought it was appropriate,” Middleton said Tuesday.
The article goes on to note that the driver “remained at the scene and showed no signs of intoxication”. The reporting continues:
Often, that is where investigations of pedestrian deaths would stop, but changes to the law have made drivers more criminally liable if they strike someone in a crosswalk they should have yielded to. In this case, prosecutor Allison Bainbridge said the investigation showed Giang had every opportunity to see Yeager and simply did not stop. There is also little doubt Yeager was in the crosswalk.
“He walked his dog three days a week, so it was a regular path for him,” Bainbridge said.
Giang had his bail set at $75,000 and was released from the Fort Bend County Jail. He did not have an attorney of record as of Tuesday and his initial court appearance was set for Oct. 30.
The Chronicle also explains how the Lisa Torry Smith Act came to be law:
The law changes are connected to the 2017 death of Lisa Torry Smith, who was killed as she walked her son to school in a Missouri City crosswalk. After her death, Middleton, newly elected at the time, was frustrated state law didn’t implicitly make striking a pedestrian in a crosswalk a crime and gave too much leniency to drivers who said they didn’t see the person.
In 2021, Middleton and Smith’s family successfully lobbied for the law changes, citing the need to protect pedestrians and make sure drivers know they should yield to people in crosswalks.
The article also quotes Gina Torry, Lisa’s sister, and the President of Citizens for Road Safety:
“Where there has been a chance to bring this up, they haven’t,” she said.
As a result, advocates are working on education campaigns not only for drivers, but prosecutors.
“I think part of the challenge we have right now is getting the word out,” Torry said of both groups. “The hope is we will eventually change behavior.”