No charges will be filed after fatal pedestrian accident

0208 Fatal Ax FBUpdate (03/14 1:25pm) — According to the Jackson County District Attorney’s Office, no criminal charges will be filed in the accident that killed Jerry Mark Hughes.

In a press release, the D.A.’s Office says there is not sufficient evidence to show that Robert Smith, the driver of the vehicle that struck Hughes, acted in a reckless or criminally negligent manner. Officials say both witness statements and reconstruction show Smith was not speeding or driving in an unsafe manner at the time. According to the D.A.’s Office, Hughes was running when he was hit and killed in the intersection. It was also unclear as to whether Smith or Hughes had the right of way. Smith was determined not to be under the influence of alcohol or a controlled substance.

The D.A.’s office called it a terribly unfortunate accident, but says it doesn’t rise to the level of criminal conduct.

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Update (02/08 3:25pm) — NBC5 News has learned that the driver in this accident, Robert Smith, is a retired U.S. Congressman. He served as a Member of the U.S. House of Representatives to Oregon’s 2nd District from 1983-1995, and again in 1997 until he retired in 1999. Rep. Greg Walden currently hold that seat.

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Update (02/08 12:20pm) — The Medford Police Department has identified the deceased as 58-year-old Jerry Mark Hughes of Medford. The driver has been identified as Robert Smith of Medford. MPD says the investigation revealed that Hughes was hit while crossing King Street in a southbound direction. Police say the driver was not under the influence of intoxicants.

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Medford, Ore. — Traffic came to a halt Monday morning at Stewart Ave. and Kings Hwy. in Medford after a pedestrian was hit and killed.

The Medford Police Department said that around 8:30am, an SUV was travelling north on Kings Highway, and making a left onto Stewart when the driver struck and killed a man police describe as an elderly male. It’s unknown at this time if the pedestrian was in a crosswalk.

Police say it could take hours to clear the scene as they wait for a medical examiner to identify the body and notify next of kin.

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