Driver faces no charges after deadly crash that left grandfather on side of the road for 12 hours

JACKSONVILLE, Fla. — In an Action News Jax investigation, we have learned no one will face charges after a driver hit and killed a father of six who was walking home from church.

59-year-old Darryl Lindsey was hit and killed on the side of MLK Parkway at Wilson Street in August of 2021. The driver did not call 911 until he got home.

Dispatch: Do you see like any blood or fur on your car to suggest that it was an animal?

Caller: I don’t know. I see fur and blood so I’m thinking it may have been an animal.

DISPATCHER: Ok, what’s your last name?

DRIVER: I don’t really need that right now. I’m so sorry

DISPATCHER: You don’t want an officer to come to the scene. Ok, call us back if you change your mind.

Listen to the 911 calls HERE.

In a recently released State Attorney’s Office report, it said ‘there is insufficient evidence to prove the driver knew or should have known he hit a person.’

“We’re angry, upset, confused as to why nothing can’t be done,” Sha’dara Lindsey said. She’s the oldest of the six children Darryl Lindsey left behind.

The state attorney report adds the 911 dispatcher asked minimal questions and never sent a patrol car to check out the scene. Action News Jax, Meghan Moriarty, learned the dispatcher was in training and was being overseen by a trainee at the time of the call.

Action News Jax told you in October of 2021 when the Jacksonville Sheriff’s Office announced it was launching an internal investigation into the handling of the 911 call. It was found that the training dispatcher and her supervisor handled the call incorrectly. The trainer got a written reprimand and the trainee did not face punishment.

Moriarty has since learned the dispatcher overseeing the 911 call has resigned from the agency, according to the Jacksonville Sheriff’s Office.

READ: INVESTIGATES: Family says ‘no human decency’ shown during 911 call made after grandfather was hit

The state attorney reports also state, Florida Highway Patrol ‘spoke to an individual who was on the phone with the driver at or around the time of the crash. The individual says the driver told him he thought he hit something but did not know what. The individual says he told the driver that it was likely a person in that area and he should call the police.’

“Some things were missed,” Crystal Tyler said. “The family feels that someone needs to be held accountable for those misses.”

The report adds that while it is a reasonable inference that the driver knew he hit a person, it cannot be proven beyond a reasonable doubt.

“It becomes insult upon injury, and the family doesn’t get justice because there’s a shotty investigation.” Attorney Stephen Smith said. He is representing the Lindsey family and has filed a lawsuit against the City of Jacksonville.

READ: ‘Nobody is being held accountable’: Jacksonville law firm joins in on investigating death of man hit

The proposal for the settlement letter asks for ‘insureds policy limits and any excess/umbrella policy available’ to benefit the client.

“I just feel like if the investigation was done correctly, in the beginning, then we would have some type of justice,” Sha’dara Lindsey said.

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