"This guy just comes right in front of my van:" Charges filed in fatal hit-and-run near Layton & Rogers



MILWAUKEE -- Criminal charges have been filed in connection with a fatal hit-and-run crash that happened near the intersection of Layton Boulevard and Rogers Street in Milwaukee on Tuesday evening, November 17th.

64-year-old David Montanez died at the hospital following this crash.

Neighbors tell FOX6 News Montanez would get off the bus frequently and cross Layton Boulevard to head home. The problem is, he had extreme difficulty walking.

"He'd always try to cross the street always and a lot of people would stop and help," Nidia Soto with New Covenant Church said.

Marquette Journal article featuring David Montanez



Police say Montanez was crossing the street after getting off a County bus when the crash happened. Some who were with him on the bus said he fell on the sidewalk when he got off the bus.

As he tried to cross the street, a little girl who was on the bus with him would become a witness to this crash.

"I heard a big loud bang and we saw him on the street," the girl said.

Nidia Soto told FOX6 News the area where this crash occurred is dangerous.

"We see a lot of accidents. We haven't been here for long and we have seen more than a dozen accidents," Soto said.

Police arrested the driver a short time after the hit-and-run crash that happened on Tuesday evening.

Andrew Emer



The accused is 73-year-old Andrew Emer of Milwaukee. He has been charged with one count of hit-and-run, resulting in death.

The hit-and-run crash happened shortly before 5:30 p.m.

Montanez was found lying on the roadway in the northbound lanes of traffic on Layton Boulevard.

During their investigation, police spoke with a citizen witness who indicated she was riding a Milwaukee County Transit bus with Montanez. They had both exited the bus at the stop on Layton near Rogers Street.

The woman said she was crossing Layton from east to west -- walking in front of Montanez. The woman told police she heard a crash sound, and saw that Montanez had been hit.

The woman didn't see the striking vehicle, but another person on scene was able to grab a license plate number.

Another witness told police he was driving northbound on Layton when he saw a pedestrian crossing the street at Rogers Street. That witness slowed to allow the pedestrian to cross, and that's when he observed a white van that had been traveling behind his vehicle suddenly change lanes and pass his vehicle. The white van then hit Montanez.

The witness told police the white van continued northbound without stopping after the crash.

Fatal hit-and-run crash near Layton and Rogers



A short time later, the witness told police he saw the van return to the scene -- stopping briefly before fleeing the scene again -- headed northbound on Layton at a high rate of speed, according to the complaint.

Police did a check of the license plate number, and found that the van was registered to Andrew Emer of Milwaukee.

Police were able to get an address for Emer, and they found the van parked near that address.

The complaint indicates police spoke with Emer, and he indicated he had been at his home for about 30 minutes, and he had gotten there via his van. He was asked if he knew why police were at his home, and he said: "I think I do, and I think I don't, but to clarify everything, we can get right to the point."

Emer then indicated he was driving down 27th Street and it was raining and cold. When he got near the intersection of Layton and Rogers, police say Emer indicated: "This guy just comes right in front of my van -- and I hit him."

According to the complaint, Emer told police he was "going to turn himself in tomorrow."

Fatal hit-and-run crash near Layton and Rogers



Emer went on to say: "I guess I shouldn't have ran, but I went down the block a little bit and then I turned around and went back. Some lady was there and I asked if he was alive. She said he was dead," according to the complaint.

An autopsy of Montanez, performed by the Milwaukee County Medical Examiner's Office, determined Montanez died as a result of blunt force injuries consistent by being struck by a motor vehicle.

A vigil has been scheduled for Thursday evening for Montanez near the scene of the crash. That vigil begins at 7:00 p.m. People plan to gather to remember Montanez as they say he didn't have much family nearby.

Monitor FOX6 News and FOX6Now.com for updates on this developing story.