Dallas police arrested a tow truck driver and charged him with manslaughter after he was found passed out in the road early Sunday morning, according to DPD.
Police said they were called to the 10000 block of Shorereview Road around 3:20 a.m. Sunday. They found 67-year-old James Smith lying in a parking lot in northeast Dallas.
According to an arrest affidavit, family members said Smith, who lived at the apartment complex, went downstairs after his brother told him his car was being towed to the parking lot.
Documents say Smith asked the tow truck driver to write down his VIN to prove the vehicle was registered to the apartment complex.
According to the arrest affidavit, “the suspect responded, 'The truck is illegal.'”
According to the arrest warrant, Smith allegedly stopped the driver, put his right arm inside the tow truck and grabbed the steering wheel in an attempt to stop the vehicle from starting.
The tow truck driver, Roberto Padilla Garcia, 25, is accused of driving away while Smith was still clinging to the truck.
Smith's brother, Larry, witnessed the incident and told police he told his brother to let go of the steering wheel, but Smith replied, “My arm is stuck in the window.”
According to the affidavit, Smith lost control of the steering wheel and fell to the ground, where he was struck by the rear tire of his car, which was attached to a tow truck.
Smith's brother saw Smith fall to the ground and the back tire of the truck run him over.
Witnesses told police Smith had visible injuries. He was taken to Texas Health Presbyterian Hospital, where he was pronounced dead.
Padilla Garcia's bail was set at $100,000 and he is currently out on bail.
