Man Charged With Vehicular Homicide in Death of Elderly Pedestrian

Photo credit: Patch file

The Johns Creek Police Department has charged a 38-year-old man with vehicular homicide in connection to an August accident that left an elderly pedestrian fatally injured.

Police on Tuesday, Oct. 14 arrested Kristian Lee Hardy of Cumming and charged him with homicide by vehicle in the first degree, driving under the influence and failure to yield to a pedestrian in the death of Rafael Diaz Soto, 88, of Johns Creek.

Police made the arrest after consulting with the Fulton County District Attorney’s Office, Johns Creek spokesperson Doug Nurse said in a press release.

At about 7:45 a.m. Aug 11, Hardy was driving a 2009 Ford LGT eastbound on McGinnis Ferry Road, and had stopped at a red light before turning right — or south — onto Medlock Bridge Road.

“Hardy stated he was looking left and started to make his turn when he felt the front of his car strike a pedestrian,” Nurse said in a statement. “Hardy stopped and called 911.”

Nurse said Soto had entered the crosswalk heading north on Medlock Bridge Road when he was struck and carried by the car a short distance. He fell to the pavement and struck his head. He subsequently died at North Fulton Regional Hospital on Aug. 13.

Toxicology laboratory results showed Hardy’s blood-alcohol content level was .061, which falls under the DUI ‘Less Safe Act’ statute, Nurse added.