Lawyer for hit-and-run suspect: The victim was at fault, not my client

SAN DIEGO - Robert Fisher lost his life on the very streets he lived on. In January, his body was covered up with a yellow tarp on Jamacha Boulevard.
 
In the days that followed police labeled Hector Hoyt, a former SDG&E worker, a hit-and-run driver.
 
Hoyt was in court on Tuesday to work out details in his case. Afterwards his attorney, Russell Robinson, talked only to 10News about what he says really happened that night.
 
Robinson opened up about his client and how many people wrote in on his behalf, sharing stories about how he would often work on his own time to help people.
 
“One of the letters that came in that got me, and I’m getting tingly right now, is that one person said that he is amazed that working with Hector Hoyt, how much time Hector Hoyt had spent helping homeless people,” Robinson said.
 
He said Hoyt is known to help – not hurt – people who are homeless.
 
But, investigators say Hoyt was off duty in a work truck when he hit Fisher and left him to die.
 
Robinson said Hoyt didn’t know what he had hit. He went on to say the second page of the traffic report is revealing and pointed to Fisher as being at fault.
 
“Mr. Fisher was somewhat famous among the homeless people for just jumping out and running out in the street,” Robinson said of the investigation.
 
Fisher’s stepson said he didn’t deserve to be left in the street like an animal.   
 
Robinson now says Hoyt went back to the area with his emergency lights on… but wouldn’t go into detail.
 
For the first time we are learning why Hoyt may have been out that night.
 
“Mr. Hoyt was on his way to get an Arby’s sandwich for his girlfriend,” Robinson explained.
 
Then came the question of alcohol because, according to court documents, Hoyt pleaded guilty to DUI back in 2005.
 
The defense seems to think it was a factor, but Robinson said it wasn’t Hoyt who had been drinking. He said  it was Fisher who had a .21-.25 blood alcohol level and drugs in his system when he actually ran into Hoyt’s truck.
 
Hoyt was at the courthouse with his son, who was involved in a deadly bus crash in April, and credited for heroic actions that saved the lives of fellow students.
 
Hoyt should be back in court in five weeks.

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