Dallas Police arrested a tow truck driver and charged him with manslaughter after the man whose truck he was towing was found lying in the street early Sunday morning, according to DPD.
Police said around 3:20 a.m. on Sunday, they were dispatched to the 10000 block of Shoreview Rd. in Northeast Dallas where they found 67-year-old James Smith lying in the parking lot.
According to an arrest affidavit, Smith, who lived at the apartment complex according to family members, went downstairs after being notified by his brother that his car was being towed into the parking lot.
The document states Smith asked the tow truck driver to run his VIN to prove the car was registered with the apartment complex.
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According to the arrest affidavit, "The suspect responded and said, 'The truck is in violation.'"
The arrest warrant says Smith tried to stop the driver, put his right arm inside the wrecker and grabbed the steering wheel to stop the vehicle from driving off.
The tow truck driver, 25-year-old Roberto Padilla Garcia, is accused of driving away while Smith was still hanging onto the truck.
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Smith's brother, Larry, witnessed what happened and told police he told his brother to let go of the wheel, but Smith replied, "My arm is stuck in the window."
The affidavit says Smith lost grip of the steering wheel, fell to the ground and was run over by the rear tire of his own vehicle that was attached to the wrecker.
Smith's brother witnessed him fall to the ground and the back tire of his truck run over him.
Witnesses told police Smith had visible injuries. He was taken to Texas Health Presbyterian Hospital and was pronounced dead.
Padilla Garcia's bond was set at $100,000 and he's currently out on bail.
