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Attorney: Scene of accident left man

Associated Press • Dec 31, 2013 at 2:00 PM

A man who authorities say ran over his 4-year-old son with a van shouldn’t be prosecuted for leaving the scene of the accident, his attorney said Monday, pointing to video that shows police arriving to help and then leaving him there alone.

Natividad de Jesus Hernandez is accused of driving away without talking to authorities after the Thursday accident in Union County northwest of Columbus.

Hernandez, 30, was arrested after showing up at a hospital where his son, Angel Gustbabo Hernandez, died after the accident earlier in the day.

A state patrol report said the boy fell out of the van, which then ran over him. It said he wasn’t secured in the van.

A deputy sheriff who responded to the accident rode with the boy in an ambulance, and Hernandez was left alone on the roadside with other children he had with him, according to a video of the scene.

Hernandez was confused, unsure whether to wait, before finally leaving, attorney Scott Culbert said in a phone interview. “It’s as if the scene of the accident left Mr. Hernandez,” Culbert said. Things likely happened fast because authorities were concerned about the boy, he said.

Hernandez’s $500,000 bond was continued Monday in Marysville Municipal Court.

His next hearing is Jan. 6.

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