No charges for driver who hit pedestrian in Hamilton, family says

Troy Simmons was a Hamilton native and a grandfather.

Family of Hamilton man struck and killed speaking out

HAMILTON, Ohio (FOX19) - The family of a man killed in Hamilton last week is grieving his loss as they prepare for his funeral.

Troy Simmons, 48, was hit while crossing Witt Way near Court Street. The incident occurred around 5:45 a.m. on Jan. 15, according to police.

A police report shows a 52-year-old man was driving the vehicle that hit Simmons.

Simmons’s family says that man is not facing any charges because, as police said initially, Simmons was not in a crosswalk when he was hit.

According to Ohio revised code, pedestrians must yield to all vehicles when crossing outside a marked crosswalk. However, the code does not relieve drivers of a duty to exercise due care to avoid hitting a pedestrian on a roadway.

“I would like for them to let me know they see my son as a human being and not just something he hit and left in the road to die,” Simmons’s mother, Jonni Smith said.

A member of the driver’s family who reached out to FOX19 NOW disputes the account, saying the driver and a witness both stopped, got out of their vehicles and gave Simpson CPR as he took his last breath.

The incident is Hamilton’s second pedestrian fatality in recent days. Miranda Perry, 28, was killed by an accused drunk driver in Hamilton on Wednesday.

Simmons frequently took the path where he died, Smith says.

Her message for drivers: “Everybody should pay attention carefully behind the wheel. Everybody should be laser-focused on what’s ahead of them, because if he did that, my son would be here with me now.”

Simmons grew up in Hamilton. He was a father to one son and the grandfather of one grandchild.

Smith says he had a kind heart.

“He loved making people laugh and he loved life and he loved having fun and he loved for the people around him to have fun. He was very smart and very intelligent.”

Her oldest child, Simmons’s loss leaves Smith with a withering sense of loss. “I don’t wish that on nobody,” she said.

Simmons’s funeral will be on Monday.

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