Austin man first to be prosecuted under new crosswalk law

AUSTIN (KXAN) — It's hard for Gina Torry to forget her nephew's words.

It's something she's carried with her for years.

"When you have a 6-year-old ask you why it is that somebody could kill their mother without any consequences — without any law — that's a hard thing to respond to," said Torry.

The aunt didn't have an answer.

Lisa Torry Smith was struck and killed crossing the street with her son, in a crosswalk, and in a school zone in Fort Bend County in the Houston area in October 2017. Torry said her nephew was severely injured but survived.

Officials tell KXAN investigators the driver that hit and killed Smith was not charged. It's something Torry said she kept thinking about through her grief.

"That's one of the reasons why we advocated for a Texas crosswalk law so that no child ever has to ask that question," she said. 

Setting a precedent

The Lisa Torry Smith Act became law in September 2021 making it a crime to kill or hurt a pedestrian, cyclist or other vulnerable road user in a crosswalk in Texas.

Recently, the Travis County District Attorney's Office said it prosecuted its first case under the new law.

In March, Todre Anderson was sentenced to 18 months in state jail. Court records show Anderson was charged after running a red light and hitting and killing a 64-year-old pedestrian with his vehicle at Little Texas Lane and South Congress Avenue in November 2021.

In court documents, police said the pedestrian had the walk sign to cross, but Anderson was looking at his cell phone. Court records obtained by KXAN investigators show Anderson originally pleaded guilty and was given five years of probation, but that was revoked after he failed to report to his supervision officer, and he didn't pay court and other fees.

KXAN Investigators reached out to Anderson's attorney Alex Calhoun multiple times by phone and email, but he said he has no comment on the case.

"This sets an important precedent for the rest of Texas and for the implementation of the Lisa Torry Smith Act," said Torry.

Raising awareness 

The law requires drivers to stop for a pedestrian or cyclist in a crosswalk. If drivers violate the law and there's serious injury or death, they could be held criminally responsible. Before the new law drivers were only required to yield.

"Implementation is going very slowly," Torry said. "Of course, when there is a new law, it takes time for millions of people around the state to understand that there is a new law to know about it and to know how it works."

It's why she founded Citizens for Road Safety Texas, a nonprofit that is making sure the law is enforced.

She was in Austin last month and spoke at a Texas Department of Transportation Commission meeting about the need for a grant to raise awareness.

"This would provide staffing on the ground, based in Fort Bend County, to develop training materials on the new Texas crosswalk law, and to go out and give those trainings not just to Fort Bend County, but across Texas, to law enforcement, to community groups, to lawyers, so that we are helping to raise awareness of this new law, how it gets implemented and how drivers can follow it," she said.

The organization applied for funding previously twice but was denied. Torry is hoping they can team up with TxDOT this year. A spokesperson with the agency said educating the public on safety issues throughout the state is extremely important and TxDOT is working with the organization to understand its funding needs.

Statewide impact 

Torry explained her organization is hearing from families impacted across Texas who need guidance about the law.

"The sad fact is that this crosswalk law is not well known yet and its implementation. There hasn't been enough legal precedent. And so we are trying to assist people who come to us to connect the dots," she added.

Torry said the Anderson case out of Austin will be an example of how the law is implemented for other counties.

A records request to the Travis County District Attorney’s Office showed two other cases have been filed under the offense of collision involving pedestrian — road user in a crosswalk. According to the records, police have issued an arrest warrant for a man in a hit-and-run involving two pedestrians.

"Our office takes any death or injury resulting from reckless driving as seriously as any other act of violence. Drivers need to be well-informed about new laws that protect pedestrians and cyclists to ensure everyone's safety on the streets," the Travis County District Attorney's Office said in a statement.