Father wants harsher charges for man who hit and killed his daughter

Published: Apr. 10, 2012 at 9:57 PM EDT|Updated: Apr. 11, 2012 at 3:26 PM EDT
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(source: LMDC)
(source: LMDC)
The groceries the family bought at Walmart.
The groceries the family bought at Walmart.
Sherman Ward, Aiyana Osburn's father.
Sherman Ward, Aiyana Osburn's father.

LOUISVILLE, KY (WAVE) - A Louisville girl dies after being hit by a car and her family says the driver's charges are not harsh enough.

7-year-old Aiyana Osburn died Monday night at Kosair Children's Hospital.

The driver, 29-year-old Michael Penick, was not even supposed to be driving because his license was suspended. But, so far in the investigation, police believe this accident was not Penick's fault.

WAVE 3 spoke with Aiyana's father, Sherman Ward. Ward says Aiyana was his only child and she was spending time with him during her spring break.

"It happened so fast, just like that," said Ward.

Ward was still wearing the blood stained clothes from when he tried to save Aiyana.

"I seen her flying in the air," said Ward. "I ran out there in the road and I ran and got her and took her over to the curb and waited till the ambulance came."

Louisville Metro Police say around 5:30 Monday on Buechel Bank Road near Sanford Avenue, Aiyana was hit by a car after getting off a TARC bus.

She was rushed to Kosair where she later died.

Aiyana and her father, sister, and soon to be stepmother were on their way home from Walmart. Police say the TARC bus was going northbound on Buechel Bank Road, and a white Monte Carlo driven by Penick was headed south.

Police say Aiyana, and her family walked behind the bus after they got off.

Her father says she was anxious to cross the street. That's when Aiyana was hit.

Police say speed was not a factor in the crash but, Penick did leave the scene, driving about 1000 feet before stopping.

Penick's mother told WAVE 3 her son was on his way to a college class.

Penicnk was cited for not having insurance and operating on a suspended license.

WAVE 3 found out he has an extensive criminal history including charges of burglary, possession of a controlled substance, and wanton endangerment.

WAVE 3 went to Penick's home to try to talk to him, a family member asked us to leave.

Since Penick was only charged for not having insurance and operating on a suspended license, WAVE 3 asked LMPD why he isn't facing a more serious charge.

"In the traffic unit we are looking for causation of the accident," said Sgt. Mike Minnier. "The causation isn't from him speeding he was going under the speed limit not him going out if his lane of traffic or careless driving it appears this time from a pedestrian point he couldn't have avoided this accident."

Aiyana's family is holding on to a purse that she had just gotten from her trip to Walmart. They say they will remember the 7-year-old as an angel.

"I mean I feel like I lost my whole world," said Ward.

LMPD says they are working with the Commonwealth Attorney to see if any other charges will be filed in the case.

Aiyana's wake will be held Friday at G.C. Williams funeral home in Louisville. Her funeral will be Saturday in Springfield, KY.

Copyright 2012 WAVE News. All rights reserved.