Crime

Grand jury to hear cases against two accused of hitting teen with U-Haul

Stewart Smith appeared before Judge Joseph T. Bouvier in Fayette County District Court  in Lexington, Ky., Monday, June 24, 2013. Alison Green and Stewart Smith appeared in court relating to charges that stem from a hit and run where a young girl was hit. Green was charged also, though Stewart was driving, because they had drugs and alcohol in the car. Photo by Charles Bertram | Staff
Stewart Smith appeared before Judge Joseph T. Bouvier in Fayette County District Court in Lexington, Ky., Monday, June 24, 2013. Alison Green and Stewart Smith appeared in court relating to charges that stem from a hit and run where a young girl was hit. Green was charged also, though Stewart was driving, because they had drugs and alcohol in the car. Photo by Charles Bertram | Staff Herald-Leader

Two people accused of hitting a 14-year-old girl with a U-Haul truck agreed Monday to have their cases reviewed by the Fayette County grand jury.

The grand jury will determine if there is enough evidence to indict the two, who have been preliminarily charged with several offenses.

Stewart Smith, 34, was charged with driving under the influence, assault and leaving the scene of an accident. Alison Green, a passenger, was charged with possession of controlled substances and tampering with evidence. Both Smith and Green pleaded not guilty.

Smith allegedly was driving the U-Haul when it hit the girl about 2:39 p.m. June 4 on Richmond Road near McDonald's. The 14-year-old and another teenage girl were crossing Richmond Road, Lexington police spokeswoman Sherelle Roberts said. The other teen was not injured.

Police stopped the truck about 30 minutes later near the 102-mile marker on Interstate 75.

An officer wrote in his police report that Smith smelled strongly of alcohol, had bloodshot eyes and was confused.

The officer asked Smith and Green to step out of the vehicle. He asked Smith if he could search the vehicle, and Smith said yes, according to court documents. During the search, a sergeant saw Green, 34, put something in a plastic bag. Green spit out the bag of drugs behind her, the officer's report said.

The bag contained diazepam, which is used to treat muscle spasms and anxiety, and clonazepam, an anti-anxiety drug, the report said. The officer found an open bottle of vodka in the vehicle, and said Smith had hydrocodone, an addictive narcotic, and diazepam.

Smith refused to take a blood-alcohol test, case documents said, and he tried to destroy the drugs by throwing them into the nearby grass.

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