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Martell Gray adds stuffed animals to a makeshift memorial in the 300 block of Elmhurst Road on Monday morning. Daquan 'Day-Day' Sales died almost instantly Saturday, June 13, when he was hit by an unlicensed driver on the road.

Staff photo by Jim Witmer Martell Gray adds stuffed animals to a makeshift memorial in the 300 block of Elmhurst Road on Monday morning. Daquan 'Day-Day' Sales died almost instantly Saturday, June 13, when he was hit by an unlicensed driver on the road.

By Jeremy P. Kelley, Staff Writer Updated 2:07 PM Monday, June 15, 2009

DAYTON — Daquan “Day-Day” Sales died almost instantly Saturday, June 13, when he was hit by an unlicensed driver on Elmhurst Drive, but the man who hit him had not been arrested or charged Sunday night.

Dayton police Lt. Brian Johns said at about 7:15 p.m. a white Buick crossed the double yellow line to pass a vehicle on the wrong side of the street, and hit 12-year-old Daquan, who was riding his bicycle.

The driver, a 25-year-old Dayton man, sped away from the scene, then returned later, talked to police and submitted a blood sample. Johns said the man smelled of marijuana and admitted not having a driver’s license. Court records show he also has several past convictions, including carrying concealed weapons and attempted grand theft.

But he has not yet been charged in Saturday’s fatal incident, for any drug counts, traffic violations, fleeing the scene, or the lack of a license.

Johns said accident investigators decided to postpone some charges until their work was complete, but he wasn’t positive why the man wasn’t arrested for not having an operator’s license.

As Elmhurst Drive residents sat on their porches talking about the incident Sunday afternoon, several people said the Buick had been driving recklessly around the neighborhood for much of the day. They were shocked to see the driver in the neighborhood later that night, rather than in jail.

“The neighborhood kids all ride their bikes together,” said Toya Johnson, who lives just a few doors down from the accident site. “That could have been my son or my daughter, or anybody.”

Johnson said she thinks the neighborhood around Elmhurst and Second Street is often unsafe. Several other residents said people sometimes drive cars wildly through the grass of Residence Park, adding that gunfire at the park is not uncommon.

“It’s sad — these young guys drive up and down swerving all over, and we’ve all got kids over here,” Johnson said. “The kids already can’t play at the park most of the time. At a quiet time like this, if we’re sitting on the porch, it’s OK, but they know as soon as they see people start coming to the park, they’ve got to come home.”

Contact this reporter at (937) 225-2278 or jkelley@daytondailynews.com. Staff writer Laura Dempsey contributed to this report.

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