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Elderly Man Charged In Fatal Hit & Run

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DENVER (CBS4) – The Denver District Attorney’s Office has formally charged a man accused in a hit-and-run.

According to Lynn Kimbrough with the district attorney’s office, Marshall L. Smith, 85, has been charged with leaving the scene of an accident resulting in death for the incident that occurred on Jan. 9.

Marshall L. Smith (credit: Denver District Attorney’s Office)

Marshall L. Smith (credit: Denver District Attorney’s Office)

“The charge alleges that Smith was making a right turn from eastbound Exposition Avenue to southbound Colorado Boulevard when he struck a pedestrian who was walking in the crosswalk with a walk signal,” Kimbrough said in a statement.

Leanna Hund, 63, died at Denver Health Medical Center. Her husband, Harold Rivers, has hired an attorney to look into why Smith was driving. Police say Smith shouldn’t have been on the road because he was driving with a canceled license.

“There’s no reason for him to drive to dialysis. RTD Access-a-Ride provides those people transportation to and from, so there’s just no excuse for him driving a vehicle,” Rivers said.

CBS4 Investigator Rick Sallinger learned several hours before the hit-and-run Smith was reported missing. His ex-wife made the report when he failed to show up at her home after the dialysis treatment. He had refused an RTD Access-a-Ride.

Police learned Smith turned up at home after the missing person report and was driven to his car later that morning.

“There’s no excuse for him to drive. I can’t get past that point. I don’t see why he was. I don’t know why a family member wasn’t driving him, or someone took the keys from him,” Rivers said.

A woman ran to the aid of the Hund and sent cars after the suspect. The license was tracked to Smith’s home in southeast Denver. Police traffic investigators found hair and fiber on the underside of Smith’s 1985 Chevy Impala.

Smith was released on bond. He’s scheduled to appear in court next Monday to be formally advised of the charge.

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