Charges dropped against man who hit two-year-old boy - WMC Action News 5 - Memphis, Tennessee

Charges dropped against man who hit two-year-old boy

By Justin Hanson - bio | email | Follow us on Twitter

TIPTON COUNTY, TN (WMC-TV) - It's been nearly seven months since a two-year-old boy was hit by a truck in the tiny town of Burlison in Tipton County.  Now, authorities have dropped charges against the driver of that truck.

Austin Timbs' shoes marked the spot last November where he lay along Kelly's Chapel Road just moments after he was hit.  Investigators said James Wilson struck the two-year-old with his pickup truck after the child darted into the road.

"Originally he was charged with vehicular assault and a DUI based upon a belief and suspicion of intoxication," said 25th District Attorney Mike Dunavant.

Dunavant said charges against Wilson were dropped after blood tests and accident reconstruction.  The investigation determined Wilson was note drunk, and speed was not a factor.   

"There was no human way possible this could have been avoided," Dunavant said.

Family pictures show what Austin looked like before the accident.  He's now three years old and his family says he's still got a long way to go.

"His right arm was broken, his hip was completely broken," said Austin's mother, Amanda Timbs.

The Timbs family is currently involved in a civil suit with James Wilson.  Austin's mother says her son will be under doctor's care for quite some time.

"He's had a very long recovery," she said. "He was in a cast for seven weeks, and it's been a very long recovery."

Copyright 2009 WMC-TV. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Powered by Frankly