Ryley Johnston died in the incident, which occurred probably about 9 or 9:30 p.m. at his father Brian Johnston’s shop on VFW Road, said Potter. The judge said he pronounced the child dead at the scene at 10:48 p.m.
Potter said Tuesday he ordered an autopsy performed at the Forensic Medical of Texas Tyler facility in Owentown, and that he expected to receive results later in the day, but that the death was an “unfortunate accident” and that he did not anticipate any charges being filed.
He said he was uncertain whether the vehicle was going forward or backward when the accident occurred.
The Upshur County Sheriff’s Office, which investigated the death, had declined to release information Monday on the grounds the investigation was ongoing. Lt. Chris Clark had said the office would release information in “a day or two.”
Law enforcement and emergency personnel converged Sunday evening on the area where Buffalo Street forks with VFW Road near the city limits. Besides the sheriff’s office, the responders included the Texas Department of Public Safety, the Gilmer Fire Department, Gilmer police and ETMC ambulances.