Police used video surveillance, cell phone records, and information gathered from Bay Area Mercedes Dealerships to place Smith at the scene of the hit and run, and locate his home.
Pieces of the vehicle left at the crime scene were taken to several dealerships, where they were confirmed to be from the model of the vehicle in question.
A black, brand new Mercedes Benz was found in Smith’s residence on Baker Way (three miles north from the crash), the front end and windshield extensively damaged.
Two days after the accident, police contacted Smith, who allegedly “spontaneously stated he was involved in an automobile accident.”
His attorney, Bill Gagen, is not prepared to comment on the hit and run charge until he has a chance to review the evidence, and says that it is likely Smith was charged with misdemeanor vehicular manslaughter as opposed to felony because there were no obvious signs of negligence. (editor’s comment: leaving the scene without calling an ambulance is not negligence?)
Gagen also suggests that Bo Hu was riding in an unsafe place at an unsafe time. Dougherty Road has two lanes running in each direction with no bicycle lane, and 11:30p.m. is rather late to be riding a bike on such a road.
Smith is currently free on a $60,000 bail.