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Infant run over by ice cream truck

By Daniel Silliman

dsilliman@news-daily.com

A small boy was killed by an ice cream truck Sunday, in what county police are considering a horrible accident.

Matthew Reynoso Hernandez, 21-months-old, was crushed by the right rear wheel of the box truck, at about 6:20 p.m.

The boy was with his parents, who were cooking out at 415 Sylvia Drive, Bradford Ridge Apartments, in Forest Park. He wandered off when he heard the nursery rhyme music played by the truck, according to the Clayton County Police.

The truck's driver, 52-year-old Steve Kojak, was parked at the curb behind the G building, a little ways from Hernandez's family, selling ice cream to the neighborhood kids.

Kojak reportedly followed the proper safety procedures before driving off.

"He looked out his window," said Capt. Greg Dickens, police department spokesman. "He looked at all his mirrors, and he even looked at the camera monitors, connected to the cameras mounted outside his truck, on the bumpers."

When Kojak pulled away from the curb, he "felt a bump," according to the police accident report.

"We don't know where he came from," Dickens said. "At that age, he could have tripped trying to get to the truck, or he could have seen something under the truck and crawled after it."

An investigation by Sgt. William Lytton, Sunday evening, concluded Hernandez "somehow got under the rear wheel" and the driver couldn't have seen him or known he was there, "even with all of the mirrors and the cameras."

The boy's family members, according to police, weren't intoxicated and were properly supervising Hernandez, and went looking for him as soon as they noticed he had wandered off.

No one witnessed the boys' death, Lytton wrote in his report, and his investigaiton was based on the position of the 21-month-old's body, the position of the truck and the testimony of the driver.

On Monday morning, Dickens said the police don't plan to charge anyone.

"We don't see any negligence," he said. "It looks like it was just one of those things that happen. We don't foresee any charges pending."