A Gwinnett County judge dismissed a DUI charge on Thursday against a man accused of killing a mother and her child in a July 18 hit-and-run.
Spencer Prigmore, 43, could be charged with DUI again after his blood tests come back, according to Channel 2 Action News. For now, the judge ruled that there wasn’t enough evidence to support the charge.
But Prigmore is in jail on several other felony charges, including hit and run and two counts of vehicular homicide. He is also charged with reckless driving.
“I’m not convinced it’s a good idea to let him out,” the judge told Channel 2.
Prigmore was driving down U.S. 29 in Lilburn when witnesses said they saw him drive up onto the sidewalk and hit Maria Cervantes Maldonado and her 6-year-old daughter Melissa. The two were walking home from the store.
Prigmore drove about a short distance from the scene and stopped. Lilburn police Officer Andy Bilmine testified that Prigmore was “hysterical.”
“He was screaming and crying,” Bilmine said. “The officer said he was in that mode for about an hour and a half.”
Channel 2 reported that police believe Prigmore was under the influence of drugs, but that his defense attorney said he was simply distraught.
Prigmore hung his head for most of the hearing, according to Channel 2.