LOUISVILLE, Ky. (WDRB) -- The woman killed in a hit-and-run accident in Grayson County earlier this year was under the influence and had been stumbling into the road before she was hit, according to a release from the Grayson County Commonwealth's Attorney's office.

The statement from Commonwealth's Attorney David Williams explains why he believes homicide charges were not justified -- and why a grand jury chose not to indict for them.

Earlier this month, Timothy Tomes pleaded guilty to leaving the scene of an accident and tampering with physical evidence. He accepted a recommended sentence of three years, but a grand jury did not indict Tomes on any kind of criminal homicide charges. Tomes is to be sentenced formally in June.

In the release, Commonwealth's Attorney David Williams said the reason Tomes was not indicted on those charges was due to the woman's condition before she was hit and killed.

According to the investigation, the deceased victim, 47-year-old Jackie Hayes, was walking with her daughter along Anneta Road towards their home. The daughter reportedly told police that her mother had been drinking and “kept walking out into, or stumbling out into, the roadway.”

Officials say the daughter was “continually having to grab her and pull her back out of the road.” The victim's daughter told police that her mother was hit by a car as she stumbled into the road.

Investigators say the woman was extremely intoxicated. Tests show that her blood alcohol level was twice the legal limit and she had at least three drugs in her system. Williams described it as a "toxic cocktail" that could be fatal to someone without a tolerance for the combination of drugs and alcohol.

According to the release, although Tomes did not stop after he hit the woman and attempted to conceal the damage to his vehicle, he voluntarily went to the Grayson County Sheriff's Department to accept responsibility when he learned investigators wanted to speak to him. Tomes' description of what happened "coincides" with what the woman's daughter told authorities, the statement said.

Williams' statement did not name the victim.

Williams calls the event tragic and expresses condolences to the victim's family, though "the office" feels there is insufficient evidence to prove any form of criminal homicide.

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