KILLEEN, Texas (KXXV) — A 58-year-old bicyclist requires lifelong care after two vehicles struck him in October, and his family is seeking justice after the Bell County District Attorney's Office declined to prosecute the drivers.
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David McDade was riding his bicycle when he was hit from behind by a vehicle. The impact flipped him over the hood of the car, leaving him in the street where a second vehicle ran him over.
"My uncle was riding his bike, not doing anything wrong, and he was hit from behind riding his bicycle. The impact was so hard, it flipped him over the hood of the car and he was left there in the street. A second vehicle came while he was in the street, ran him over a second time," Carlos Kea said.
Kea is McDade's nephew. He said the crash left his uncle with severe neurological damage.
"He did suffer from some neurological damage which has now rendered him, uh, incapacitated. So, he can't respond on his own. Um. He's, how should I say, he's not there consciously," Kea said.
The Killeen Police Department initially investigated the crash as a hit-and-run and asked for the public's help to identify the suspects. A police report shows the first driver who hit McDade performed CPR but left the scene once police arrived. The second driver stopped and contacted 911, but fled the scene when police arrived. The second driver later contacted police to provide information to investigators.
"Investigators with the Traffic Unit advised that the case was presented to the Bell County District Attorney’s Office on two occasions; however, prosecution was declined both times and no arrests were made," the Killeen Police Department said.
Bell County District Attorney Stephanie Newell explained why the charges were not pursued.
"Our office did review the case and found that the two listed suspects had each stopped at the scene and attempted to render aid by contacting 911 and requesting assistance, with one rendering aid to the victim and performing CPR. Each driver also made themselves available and provided voluntary statements the day after the accident. In light of these facts, the cases did not meet the elements for criminal prosecution," Newell shared with 25 News.
"Our office did speak to the family of the victim to explain our decision and express our sympathy for the injuries suffered by the victim as a result of the collision," Newell said.
"This was a human being and he was really left there to die. I do not understand under what circumstance the police department could see where, 'you know what, these individuals are able to go home," Kea said. "Whatever was presented to them, they felt it was not enough. So whatever the, the detective lacked on that document, such as toxicology, such as all of those details that can bring a person and make them accountable for what they did."
Kea described his uncle as a man who loved his family, God and riding his bike.
"He was a simple man. He was not too complex in terms of his philosophies and things of that nature. He was just someone who believed in God. He believed in family and he just wanted peace and happiness for himself," Kea said.
McDade will need long-term care for his injuries for the rest of his life. His family is trying to reopen the case to seek justice for what happened.
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