The district attorney has recused himself as the prosecutor in the case of Kelly Wyatt, who died following an accident in the Walmart parking lot on Sept. 11.

The district attorney has recused himself as the prosecutor in the case of Kelly Wyatt, who died following an accident in the Walmart parking lot on Sept. 11.

 John Best, 119th district attorney, said he has turned the case over to the state attorney general.

 Kelly Wyatt, 53, of Mereta, died following the Sept. 11 accident in which Precinct 4 Commissioner Richard Strube reportedly struck her with a county vehicle. She died a week after the accident on Sept. 19  at Shannon Medical Center in San Angelo.

 “The case has been referred to the attorney general for review,” Best said. “The case was referred simply to avoid any appearance of conflict of interest since a commissioner was involved.”

Best said he did not know if or when the case would be presented to a grand jury.

 Kelly Wyatt’s husband Cecil, said that he has accepted a $100,000 settlement in the case from an official from Runnels County. He accepted the settlement Nov. 17.

 Jon Mark Hogg, the county’s legal representative confirmed that Wyatt has accepted the settlement and that by accepting the settlement Wyatt is prohibited from pursuing further action against Runnels County.

 “I feel like the settlement was unjust,” Wyatt said. “I feel like some justice should be done, but I’m leaving that to the law.”

 Wyatt had previously said the bills from Shannon Medical Center were around $300,000.

 Official autopsy results from Tom Green County Justice of the Peace J.P. McGuire indicate that Wyatt's cause of death was blunt force injuries to the head and neck. The preliminary results deemed the manner of death an accident.  According to Sgt. Stanley Maresch of the Ballinger Police Department, Strube was in the pick-up area in front of the store, when the vehicle in front of him stopped in the garden area to load some items. Strube reportedly put his vehicle in reverse to back up and go around the vehicle and when he did, he struck Wyatt, who was behind him.

Maresch said Kelly was talkative at the scene following the crash. She was transported via ambulance to Shannon Medical Center in San Angelo where she succumbed to her injuries on Monday, Sept. 19.

According Wyatt, Kelly fell into a coma about 15 minutes after arriving at Shannon and she never came out of it.  

Wyatt said he and Kelly had only been married about two months at the time of her death. Wyatt said previously that his wife had suffered a "skull fracture, broken bones and many other injuries from the accident."

County officials confirmed that Strube was at Walmart that day conducting business on behalf of the county, filling coolers for his road crew for the next day.