Man Killed Crossing Highway 41 in Cartersville

A local man was killed last night crossing Highway 41 in the dark, Cartersville Police Department authorities say.

Jack Errol Smalley, 61, a Parkway North motel resident, was walking west across Joe Frank Harris Parkway, about 150 feet north of Grassdale Road, and was wearing a dark blue hoodie and blue jeans, according to the accident report, above. 

Having trouble viewing the accident report? Click here.

The car, a 2008 Mazda CX-7, driven by an Acworth woman, was traveling south on Joe Frank Harris Parkway in the right lane approaching Grassdale Road. The driver said she never saw the pedestrian, but felt a "thud" against her vehicle and saw her windshield break.

A witness told police she saw Smalley leaving his room at 1400 Joe Frank Harris Parkway just prior to the accident. She said he was stumbling and "drunk" and "was headed to get something to eat," according to the report.

Smalley suffered a large gash to his right flank area and multiple abrasions and lacerations and died at the scene.

The driver was not hurt.

No charges will be filed in the case, according to police, because the pedestrian was crossing the road in "an unlit area, outside the marked crosswalk, while wearing dark, non-reflective clothing," which resulted in the driver not being able to see him.

The car sustained moderate damage to the front passenger headlight area, hood and windshield.

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