Man faces judge, accused of hitting, killing police officer - CBS46 News

Man faces judge, accused of hitting, killing police officer

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Ruben Marin-Garibay Ruben Marin-Garibay
Ofc. Elgin Daniel Ofc. Elgin Daniel

Ruben Marin-Garibay wore a jailhouse jumpsuit as he faced a judge to hear the charges against him in the hit-and-run accident that killed a police officer.

Police said Marin-Garibay is the driver of the Ford pickup truck that fled the scene after the collision that killed Henry County Police Officer Elgin Daniel, who was helping a stranded motorist Monday night.

Also injured in the hit-and-run accident was roadside assistance worker, John Cook, 58, of Atlanta. He's recovering from surgery.

"This is one that a tip from the public did pan out, so we are always appreciative of the public calling," said Henry County Police Maj. Jason Bolton.

Gordon Jarrett owns the Ford Mustang that had run out of gas. Jarrett told CBS Atlanta News that he had called a roadside assistance company for help.

Daniel arrived on the scene first. Soon afterward, Cook showed up with a tank of gas. All three vehicles were in the center turn lane of the highway.

Moments after the accident, the stranded motorist made a phone call to 911.

Jarrett: "Somebody in a truck hit both of them."

Dispatch: "Somebody in a truck hit an officer?"

Jarrett: "He's gone. The officer is laying down, and the other man is laying down."

Dispatch: "Sir, you saw the officer get hit by a truck?"

Jarrett: "Yeah, some truck came by and hit both of them."

Neighbors of the fallen officer can hardly believe that Daniel, who had been a law enforcement officer for 28 years, is gone.

"It's just a shame that somebody has to lose their life over trying to put gas in somebody's car," said Tony King.

Marin-Garibay is not eligible for an immediate bond because of the seriousness of his charges.

At Wednesday's hearing, he requested a court-appointed attorney. When the judge asked if he understood the charges against him, Marin-Garibay said that he did.

A preliminary hearing is scheduled for Dec. 11. 

Visitation for Daniel will be held at Horace A. Ward Funeral Home on Fairview Road in Stockbridge on Thursday, from 5:00 p.m. to 8:00 p.m.

The funeral will be held at Greater Travelers Rest Baptist Church on Flat Shoals Parkway in Decatur on Friday at 1:00 p.m.

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Law enforcement officers across metro Atlanta are looking for the hit-and-run driver who struck and killed a Henry County police officer. Read story More>>

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