MCKINNEY, Texas — The attorney for the motorcyclist involved in a crash with the mayor of Prosper has started his own investigation, while the case awaits possible grand jury consideration.
Brian Mincher has been going door-to-door next to the crash site, looking for answers.
“Out here beating the bushes," explained Mincher, the victim’s attorney. “Looking for witnesses looking for any evidence in what happened here."
Mincher’s client, Rod Carver, is still in critical condition after last week’s crash involving Prosper Mayor Ray Smith.
Since Friday, WFAA has been pushing the McKinney Police Department to give us answers.
McKinney police investigators say the mayor was going west on 380 in his truck when a car failed to yield the right of way – pulling out in front of Smith’s truck. That caused the mayor to slam on his brakes. Police say Carver was following too close to Smith’s truck on his motorcycle and rear-ended him.
The mayor told WFAA he didn’t know anyone was hurt.
But Mincher said Smiths story is "extremely hard to believe."
"He is telling us a story that doesn’t match up with the physical evidence,” he said.
Mincher claimed Carver was dragged about 30 feet.
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During Tuesday night’s town council meeting in Prosper, Mayor Smith offered sympathy for the family. He also admitted to WFAA that he never called 911, instead claiming he went after a car that he thought hit him.
“The car I thought hit me, I was chasing,” Smith said.
McKinney police said, field sobriety tests conducted with the mayor came back negative.
Investigators referred the case for a grand jury to consider possible charges against the mayor. That's because in the state of Texas, by law, leaving the scene of an accident is a crime.
“It’s an easier case to make of failure to stop or render aid,” said Aaron Wiley, a former federal prosecutor. "Those are simply that the person was involved in an accident. That the accident resulted in injury."
"When we have accidents, we need to take responsibilities, we as citizens -whether it’s our fault or not - to help one another," he added.
Carver remains in critical condition. Family, and friends will be holding a vigil Wednesday night for Carver outside of the hospital. The family has set up an online crowdfunding campaign, hoping it will help pay for medical expenses.