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Charges unlikely in pedestrian fatality

Driver tried to stop, called 911

POSTED: December 27, 2012 10:39 a.m.

No charges will be filed against a Cumming man who authorities say accidentally struck and killed a 59-year-old woman who was standing in a north Forsyth road last week.

Forsyth County Sheriff’s Sgt. Chris Shelton said Joan Kyle likely was under the influence of alcohol when she walked outside the home she was living in to smoke a cigarette Friday night.

“She was actually standing in the middle of the road in front of the house,” Shelton said Wednesday. “She was waving at motorists as they were passing by.

“We’d gotten a couple of calls on her before the crash.”

Shelton said deputies were en route to the home on Doctor Bramblett Road, just north of Elzey Drive, by the Sherwood Forest subdivision, but arrived too late.

According to Shelton, the 62-year-old driver did not see Kyle, who was wearing dark clothes, as he approached in a 2007 Cadillac CTS about 9:30 p.m. Friday.

“He was in a pack of cars traveling north on Doctor Bramblett Road,” Shelton said. “The other cars saw her and started dodging her or maneuvering so they didn’t strike her.

“The moment he saw her, he attempted to brake to avoid her, but was unable to.”

The man was one of a handful of people who called to report the incident, Shelton said.

Kyle’s body was sent to the Georgia Bureau of Investigation’s crime lab for an autopsy. Authorities expect the report to confirm whether Kyle was under the influence of alcohol.

Shelton said he notified Kyle’s brother of her death. Her identification indicated she’s from Palmetto, but “was homeless.”

“She was kind of a drifter, but she’d been staying there for two weeks,” Shelton said of the north Forsyth home.



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