How drivers charged with hitting and killing pedestrians may fare in court compared to previous cases

RICHMOND, Va. (WRIC) -- After a string of pedestrian deaths in Richmond in January and February, we're looking at how the drivers charged might fare in court

After looking at previous cases involving pedestrian deaths, 8News found that there isn’t a trend to the charges the drivers face, how long they’re sentenced if found guilty or if charges are filed at all.

8News legal analyst Russ Stone said this is because even when a pedestrian is killed, it doesn’t always mean the driver broke the law. 

“In those kinds of cases you see everything from no charge whatsoever, all the way up to a charge of vehicular manslaughter," Stone said.

We’re talking about cases like 55-year-old Thomas Clements’s, a man charged with failure to stop resulting in death after hitting 64-year-old Donald Jaciuk who was killed on Harrison street in January. 

That case is going to be handled differently than 41-year-old Latesha Coleman's, a woman accused of leaving the scene after hitting and killing 23-year-old Hope Cartwright in February. 

While those continue playing out in court, 8News looked at the death of Shawn Soares, who was killed walking on Virginia Commonwealth University's campus in 2023. Two unnamed drivers were implicated in his death but didn’t face criminal charges because officials said there was no evidence of criminal activity.

“People don’t always realize just because a bad thing happened, just because somebody got killed, does not automatically mean a crime occurred," Stone said. "There can be a tragedy without a crime.” 

Stone said part of what law enforcement investigates is if the driver was or wasn’t driving recklessly or if it’s just an accident, then they decide which, if any, charges are appropriate. 

For example, driving under the influence or going 30-40 miles over the speed limit.

“It means you’re engaging in behavior that you know could kill somebody and you don’t care," he said.  

Stone told 8News that pedestrian’s actions are also taken into consideration in investigations. It’s important to wear highly visible clothing if walking in the dark and to follow the pedestrian rules of the road when crossing the street. 

Among the two Richmond pedestrian deaths previously mentioned, 8News is also tracking the following crashes:

RICHMOND:

• Jan. 10: Maury St. and 19th St. — killed 62-year-old Valerie Smith in a crosswalk
  • To 8News' knowledge, charges have not been filed
• Jan. 3: Semmes Ave. near W. 15th St. — killed 26-year-old Kristin Tolbert in a hit-and-run
  • 35-year-old Kelvin Carr Russell was arrested without incident by officers on Feb. 17 and charged with involuntary manslaughter, felony hit and run, and reckless driving causing death
• Dec. 27 2025: E. Broad St. and N. 10th St. — killed Bill Martin, former Valentine Museum director
  • To 8News' knowledge, charges have not been filed
• Dec. 25, 2025: 5700 block of Hull Street Road — killed 51-year-old Rodrigo Sarmiento-Barrios
  • Police determined charges will not be filed
• Dec. 25, 2025: I-95 North near I-64 East — killed 25-year-old Cornell West
  • To 8News' knowledge, charges have not been filed

CHESTERFIELD:

• Feb. 8: 15000 block of Woods Edge Road — killed 24-year-old Shawn M. Humphrey
  • To 8News' knowledge, charges have not been filed
• Jan. 6: 7300 block of Route 1 — killed 41-year-old Carri Underwood
  • To 8News' knowledge, charges have not been filed

HENRICO:

• Feb. 25: Nine Mile Road near Masonic Lane — killed 43-year-old Torianno Lakeith Callahan
  • To 8News's knowledge, charges have not been filed
• Dec. 30, 2025: Glenside Drive and Inglewood Street — killed 62-year-old Barbara Ann Jones
  • To 8News' knowledge, charges have not been filed