One of the two men arrested for the Oct. 19 hit-and-run death of Linda Powell near Buford Highway in Brookhaven has been exonerated, while the other is awaiting trial.
The DeKalb County Superior Court last week found Koechiesta R. Smith not guilty of two charges: homicide by vehicle and hit and run resulting in death. His co-defendant, Hugo Valente Hernandez, will stand trial on June 3.
According to a court filing, German Cinfuegos, the only eyewitness to the accident, said he does not believe [Hernandez’s] vehicle struck the victim. After the jury returned a not-guilty verdict for Smith, the State “feels that justice would not be served by further pursuing this matter as to the defendant Valente Hernandez.”
A Brookhaven resident, Powell was struck and killed by two vehicles while crossing the busy Brookhaven intersection near Metro Atlanta Christian Church. Powell, 55, was one block from a crosswalk when she crossed Clairmont Road at Canmont Drive.
Using witness testimony and video footage from nearby businesses, police arrested Smith and Valente Hernandez a few days later.
Powell’s family members spoke out at the Brookhaven City Council meeting on Nov. 28.
Amanda Whitaker, Powell’s daughter, said the city needs “to do something so that this doesn’t keep happening. It’s not a safe area.”
“There’s got to be something that can be done urgently. It’s not something that can wait a year or two years, it needs to be done now or more people are going to die,” Whitaker said.
Brookhaven’s response
At the request of Powell’s family, the city conducted a traffic analysis of the area. Ultimately, the city opted not to make a change on Clairmont Road.
Clairmont Road is void of stop signs, pedestrian signals, or crosswalks where Powell died. A January memo from the city said there were no major obstructions observed along Clairmont Road that would limit sight visibility for vehicles or pedestrians. Clairmont Road’s speed limit is 40 mph.
In August 2023, Divine Mercy Catholic Mission asked the city to install a crosswalk on Clairmont Road, about 650 feet from Canmont Drive. The city observed that hired police officers were allowing pedestrians to cross Clairmont Road during church events.
“During other periods of the day and week, pedestrian crossings in this area were minimal,” the report states.
The report goes on to cite a 24-year-old study done in Los Angeles, Calif. – notably conducted prior to the use of cell phones – which found that removing marked crosswalks reduced pedestrian crashes by 61%.
The Federal Highway Administration says 72% of pedestrian fatalities occur at non-intersection, or uncontrolled crossing. Installing a crosswalk at an uncontrolled intersection can create a false sense of security.
“The accident which caused the tragic death of Ms. Powell remains devastating for her family and the community at large,” said Burke Brennan, Brookhaven Communications director. “Our hearts and prayers remain with the family as they grieve this loss of their beloved mother.”
According to Propel ATL, older adults are 60% more likely to be killed by drivers while walking than people of all ages, and traffic deaths of people walking has increased 45% over a nine-year period. In the U.S. in 2021, 46,000 people were killed in preventable traffic crashes.
“Atlanta’s pedestrian fatality rate is three times higher than other peer cities, and speed is a major factor,” said Rebecca Sarna, executive director of Propel ATL, an nonprofit dedicated to making streets safer.
“It’s an unfortunate accident that happened that took our sister – my niece’s mother, and her children’s grandmother … I’m not just here to encourage you guys to consider improvements along that corridor of Clairmont Road,” Timothy Pemberton, Powell’s brother, told Brookhaven officials. “We ask that you feel our pain and help us, in some way move forward, to protect future citizens and passers through of your great city.”