Second driver charged in Falls of Neuse fatal

RALEIGH Just before midnight Friday Raleigh police arrested 34-year-old Carlos David Rodriguez-Bautista.

He was stopped by an officer who recognized his vehicle. Police say Officer M.J. Corso saw Rodriguez-Bautista's vehicle in the 7000 block of Woodbend Dr.

The officer immediately suspected the vehicle might be the same one involved it the fatal accident that killed 71-year-old Lewis Gray.

Gray was struck around 6:55 a.m. Wednesday while crossing Falls of Neuse Road near Spring Forest Road. Three additional vehicles ran over him after he was hit by the first vehicle.

The accident was about 400 feet from the intersection and not in a pedestrian crosswalk.

Wednesday, officers stopped and spoke to the driver of a white landscaping pickup truck, but determined it was not the first vehicle to hit Gray.

Police say Rodriguez-Bautista was driving the first vehicle that hit Gray and then failed to stopped. He is charged with fatal hit-and-run. He is also in the country illegally.

They also say Rodriguez-Bautista was arrested on November 20, 2006. He was charged with DWI, expired inspection and registration. His court date was March 5, 2007, but he never showed up. He has an outstanding order for arrest for failure to appear on those charges.

The driver of the landscaping truck, Carlos Humberto Agustindiaz was charged Thursday with misdemeanor hit-and-run because his vehicle was the second one to hit Gray and leave the scene.

Drivers of the third and fourth vehicles stayed at the scene and were not charged.

Police are consulting with the Wake County District Attorney's Office about filing additional charges.

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