Police to Cite Elderly Driver in Fatal December Accident - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Police to Cite Elderly Driver in December Fatal Pedestrian Accident

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KENNEWICK, Wash. - Kennewick Police are citing a driver who lost control of his truck and killed a pedestrian back in December.

Police say they're giving 85-year-old Elmer Leroy Simmons, from Pasco, a citation for 2nd degree negligent driving after investigators found him to be at fault for the collision. 

On December 12th, 2012, officers say Simmons lost control of his pickup on Clearwater Avenue, left the roadway, struck and killed 60-year-old David Paul Ratliff of Kennewick, in the Winco parking lot. 

Investigators say Simmons hit the gas pedal instead of the break.

"[Simmons] started to change lanes so another vehicle there that did make minor contact, he swerved back over, now there's a transient bus stopped in front of him and it appears our best guess on this is that his food slops off the break and on the accelerator and now he's lost control. That would fall under the definition of negligent driving.  There was nothing criminal about this case," said Kennewick Police Sgt. Ken Lattin.

Earlier this month, Benton County prosecutors said they won't be filing any felony charges against Simmons.

Ratliff's wife also says she doesn't want Simmons to face any felony charges.