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Traffic Death Incident Will Be Called Assault

October 21, 2005

Prosecutors from Pierce County have decided they will not be seeking to file homicide or manslaughter charges against the man who allegedly chased a boy who was firing bottle rockets at his car.

After fleeing the man, the 12-year-old boy darted into traffic July 14, and a passing car hit and killed him.

Prosecutor Jerry Costello said that there was no way to prove that the man was responsible for the death of Garnet Willis.

Instead, the man will face fourth-degree misdemeanor assault charges because he is accused of punching another boy involved in the incident.

The incident occurred at Pacific Avenue and 168th Street, where, according to police, the boys were firing bottle rockets into traffic. The defendant became enraged when one of the bottle rockets came too close to his car.

According to the state patrol, the fireworks hit or nearly hit a passing Toyota Camry, in which there were two 22-year-old occupants. They got angry, stopped the car, and the passenger jumped out. He ran after one of the kids and assaulted him. Then the driver chased 12-year-old Garnet, first in the car, then on foot.

These were the events that led up to the point when the boy darted out into the middle of the highway and was hit and killed by a car.

The two suspects then jumped back in their car and left the scene of the accident. Police were able to track down the vehicle and hours later arrested one of the men at his home in Tacoma. They arrested the other suspect soon after at his apartment in Lakewood.

Garnet's family understands that the boys were just twelve years old during summer time, and that they were just being mischievous.

They believe that the two suspects should have stopped and called the police and let the police deal with it.

It was later discovered that each suspect has several criminal convictions. The driver has two counts of assault in 2003, second-degree robbery and assault in 2002 and third-degree theft in 2000.

The driver of the car that accidentally killed Garnet was a 17-year-old woman. Garnet's cousin, who was allegedly assaulted by one of the suspects, visibly showed swelling in the face and some bruising. He's now back home with this family.