Family of man killed says DA’s office won’t pursue charges in road rage incident

Local News

LAS VEGAS (KLAS) — The family of 73-year-old Marlin Smith is trying to make sense of the Clark County District Attorney’s decision.

“It’s tragic that my dad’s life is, it’s over. It’s like they just swept him under the rug,” said Kaycee Frost, Smith’s daughter. She said the family is devastated.

On June 22, police said Smith honked at a driver who cut him off. That driver got out of their car and threw a beer can at Smith’s Jeep.

Police say Smith then got out of his car to confront the two men who were in the vehicle.

The vehicle then ran over Smith in a parking lot near Desert Inn Road and Boulder Highway.

“We got the information last week around Wednesday or Thursday, and they said they didn’t feel that they could win the case,” Frost said.

Police stopped the two people in the vehicle after it drove away.

“My dad died as a result of a road rage,” Frost said. “Did he play a part? Sure he played a part in it. Should he have got out of the car? No. But that doesn’t mean he should be, that these guys should get off scot free.”

Frost said she will be shown surveillance video on Nov. 16 from a nearby business that caught the confrontation.

“I would just like to see what the detectives are seeing, what the district attorney is seeing. Why they chose to not even charge these guys with anything, nothing,” Frost said.

She said the family won’t give up on justice for her father.

“I’m not going to go away quietly,” Frost said. “I’m not going to just slither on by and say, ‘Oh well, it’s whatever.’ My dad’s life is worth something.”

The District Attorney’s Office hasn’t responded to our request for more information on why they’re not pursuing charges.

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