Yorktown High School grad Zorigoo Munkhbayar, 23, was walking along eastbound Route 50 near Courthouse early on the morning of Sept. 16, 2011, when he was struck by a box truck. The truck and its driver did not remain at the scene. Police later found Munkhbayar dead, lying in the roadway on the Route 50 exit to N. Rhodes Street.
A month later, after analyzing parts of the truck that were left at the scene, police arrested Marc D. Hicks of Oxon Hill, Md., and charged him with hit and run.
The case went to trial on Monday, with Hicks maintaining that he did not know he struck Munkhbayar. Hicks, 43, claimed that he thought damage to his truck was caused by a deer he struck in Maryland later that morning. (The truck belongs to a commercial snack delivery business.)
On Thursday, however, an Arlington County jury found Hicks guilty of felony hit and run, recommending a sentence of 15 months in prison, according to prosecutors. Hicks will remain in the Arlington County jail pending a final sentencing hearing that’s scheduled for Friday, May 17. At that hearing, a judge will have the option of either imposing the recommended sentence or a reduced sentence.
Jennifer Clarke, the Arlington Assistant Commonwealth’s Attorney who prosecuted the case, told ARLnow.com that Hicks was only charged with hit and run, and not any other crimes, because the facts of the case did not suggest that he was negligent in the accident.
“There was no evidence of reckless driving, there was no evidence of intoxication or any impairment, it was just an accident that happened… and he just didn’t stay on scene,” she said.
Clarke said that there were no witnesses to the accident.