Surveillance video could help show a key detail about the moment when a sheriff's deputy hit and killed a man in San Marcos early Tuesday morning.
The video of the collision at about 1:30 a.m. apparently supports the sheriff's position that the deputy was not at fault.
Friends of the victim tell NBC 7 that they have watched surveillance video from a camera placed at a nearby restaurant. They said video clearly shows that the deputy’s patrol car had its headlights on when it was driving on West San Marcos Boulevard.
Deputy Frank Stalzer was following a suspected drunk driver when Stalzer struck Jose Malacara, who was walking home from work, according to the sheriff's department.
Investigators said Malacara, 29, stepped off the center divider and into traffic but was not in the pedestrian walkway.
Malacara's mother claims the deputy was negligent, and she plans to talk with an attorney about a possible lawsuit against the county.
Local attorney Gene Iredale said there are multiple factors in determining who, if anyone, is to blame for that accident, including everything from how fast the deputy was driving, to the color of clothes the victim was wearing.
"To determine whether the sheriff who was involved in the matter was A) enforcing the law, B) acting reasonably in light of that, and C) whether there was contributory negligence by the person who himself was hit,” Iredale said.
Stalzer is badly shaken by the incident and is taking time off to recover.