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Motorcyclist claims driver let off for hit-and-run
Posted: 06.08.2012 at 6:51 PM
Daisy Barrera

Daisy is a reporter for Action 4 News.

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The scrapes and cuts throughout 24-year-old Walter Lara’s body, still haven't completely healed.

They're injuries from a recent crash he was involved in while riding his motorcycle.

A police report states the accident happened at the intersection of Business 83 and Altas Palmas Road in Harlingen.

It involved Lara on his motorcycle and a female driver in a car.

"Immediately people stopped to help and they came and tried to help me, and (keep me) calm,” Lara said. “I asked about the driver and everyone said that she took off, she didn't stay."

Harlingen police said the woman was not charged with a hit and run and will not be charged with such offense.

She was cited for failure to yield.

Officer Dave Osborne with the Harlingen Police Department said the woman lived about 100 yards from the scene, kept driving after the crash until she reached her driveway, and called for help from there.

Police said there is not enough evidence to support a hit and run offense, because there is certain criteria that must be met in order to charge someone with the crime.

It’s something that does not sit well with Lara.

"She left me there - she didn’t help me out, she didn't stop at the scene - she just left,” Lara said. “Whether she contacted police a minute, an hour later or a day, I mean, she left me there."

However, police said even if Lara feels victimized, their duty is to file charges based on what that law allows not based on what people feel is right.

They add that trained crash scene investigators evaluated the scene, and simply did not find enough for a hit and run charge.

Lara said that by not charging the woman, Harlingen police are sending the wrong message.

"They're basically showing preferential treatment to certain people, and they're not charging everyone how they should be charged,” Lara said. “She should be charged with a hit and run because it was a hit and run."

Lara was wearing a helmet at the time of the crash and did not suffer major injuries.

His motorcycle was totaled.

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