Marshall Smith, 85, was missing after dialysis treatment before fatal hit-and-run

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Big photos and more below.
Last month, we told you about the arrest of 85-year-old Marshall Smith in a hit-and-run that killed Leanne Hund, who was crossing a street when she was struck. It was the second fatal accident involving a driver over eighty in a matter of days. Smith has now been charged with leaving of the scene of an accident resulting in death, and his arrest affidavit reveals that he'd been reported missing after getting dialysis treatment the day before. Get more details and see the complete report plus our previous coverage below.

At around 9:05 a.m. on Thursday, January 9, according to the affidavit, Hund was struck and killed as she was walking east in the southbound crosswalk at South Colorado Bouelevard and East Exposition Avenue.

As for the driver, he kept going.

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Leanne Hund, left, with her husband.
Afterward, witnesses Shannon Mellinger and Martin Flores described the vehicle that struck Hund as an older model white car -- and both managed to obtain a license plate number. Before long, officers traced the plate to Ada Smith, the former wife of Marshall Smith. But it turns out Marshall had been the one with the keys on the 9th. After being contacted, he said he had picked up his car that morning at the DaVita Center, where he gets dialysis treatments on Mondays, Wednesdays and Fridays, and driven home.

The DaVita Center is located at 755 South Colorado Boulevard, very close to the accident site. The arrest report doesn't mention if Marshall acknowledged having been involved in an accident. But in an interview with 7News on the next page of this post, Hund's husband, Harold Rivers, says the driver "doesn't remember or denied being there."

Mellinger subsequently identified the car as the one that had struck Hund, after which police impounded it -- and crime-lab testing revealed what are described as "wipe marks on the lower part of the front bumper...consistent with a pedestrian having been pushed down after contact." In addition, a hair or hair-like fiber was spotted on the exhaust pipe on the undercarriage of the car.

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An image from the scene, courtesy of 7News.
Meanwhile, investigators interviewed Ada Smith, who revealed that at about 1:30 a.m. on the day of the accident, she'd called police to report Marshall as missing. He was supposed to come to dinner the night before but hadn't shown up, and when his grandson checked his home, on the 7400 block of East Jarvis Place, he wasn't there, either.

Marshall turned up at home later that morning and was driven to the DaVita Center, where he'd left his car the previous day; he'd gotten a ride from the center rather than driving his car home after his treatment. Surveillance footage showed Marshall getting into his car minutes before the crash.

Where had Marshall gone during the period of time when his whereabouts were unknown? That's not mentioned in the report. But there's no doubt his loved ones couldn't find him for an extended stretch and were concerned. And the charge against Marshall chosen by the Denver District Attorney's Office -- leaving the scene of an accident resulting in death -- stops well short of vehicular homicide or other possible counts, suggesting that he may not have been fully cognizant of what had happened.

Here's a larger version of the Smith photo provided by the Denver DA's office, followed by the arrest affidavit and our previous coverage.

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Marshall Smith.

Marshall Smith Arrest Affidavit

Continue for our previous coverage of the hit and run that killed Leanne Hund, including photos and videos.



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10 comments
Evelyn Maria
Evelyn Maria

It's really time for assessment of older persons driving to protect the general public. With higher populations and environmental factors more has to be done to make sure they are able to drive safely

Laura Chrisler-Matheney
Laura Chrisler-Matheney

Having gone through trying to get a grandparent to give up driving.... It's harder than you think. Doctors are extremely hesitant to write any kind if documentation to revoke a drivers license for fear of a lawsuit or loss of the patients business. The dmv will not do it unless there is documentation. The police can only issue a ticket based on what they see. There is no mandatory test. And as we saw earlier this week, Coloradoans are even too selfish to give up driving when they have seizures disorders and would rather endanger other drivers on the road.

Charles Greenberg
Charles Greenberg

A shame it happened, and I guess they should put up an age limit for elderly driver's

LindaLee Law
LindaLee Law

AARP states that if a doctor and particularly someone at MVB suggests they give up the keys, they do it more readily then if their kids asked them. This guy? His wife just couldn't make him angry she knows his cognition was iffy

LindaLee Law
LindaLee Law

After the first accident his license should have been revoked.

Matt Morava
Matt Morava

I think older people should be allowed to drive at any age, they just need to be required to drive bumper cars.

Shannon McCarthy
Shannon McCarthy

We decide the same way we decide when a young person is ready to be behind the wheel. Testing. Wen the day comes that I am not able to drive as safely as in the past, I will be happy to have a driver.

Chris Falletta
Chris Falletta

It's the open mouth rule. If you can't drive without your mouth being wide open, then you shouldn't be behind the wheel.

davebarnes
davebarnes topcommenter

This is why we should all be rooting for autonomous vehicles.

I made this prediction in 2012: By 2060, it will be illegal for humans to drive in the USA. I stand by that prediction.

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