CARROLLTON, Texas (CBSDFW.COM) – The Carrollton Police Department on Wednesday referred a case of criminally negligent homicide to a Dallas County Grand Jury.

Andrew Hewett, 78, of Dallas was driving the van that hit and killed Victor Garcia, 12, of Carrollton on December 23, 2019.

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Location where a child was struck by a van and killed in Carrollton. (Chopper 11)

Garcia was walking on the sidewalk in the 1400 block of S. Josey shortly before 1:00 p.m. with his mother and a 7-year-old relative when Hewett drove off the roadway, hitting the boy.

Victor Garcia (courtesy: Garcia family)

The Carrollton Police Department is also asking the state to consider revoking Hewett’s driver’s license.

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Hewett remained at the scene and cooperated with the investigation, telling detectives he swerved to avoid another vehicle that had stopped unexpectedly in front of him.

The grand jury will determine whether the facts of the case meet the elements of a criminally negligent homicide charge.

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The Texas Department of State Health Services Medical Advisory Board will decide whether Hewett is able to safely operate a motor vehicle in the future.