No charges in death of 3-year-old Middletown boy in ‘freak accident’

Update@3 p.m. today: Mark Minor, 60, of Middletown, is listed in serious condition this afternoon at Miami Valley Hospital in Dayton, officials said. He is the grandfather of the child who died after what relatives called a "freak accident" last week.

Update@2:15 p.m. today: Middletown police said the driver in the accident that killed a 3-year-old Middletown boy will not face any criminal charges.

Lt. Jimmy Cunningham said the decision was made after meeting with the Butler County Prosecutor’s Office.

Update@6:13 p.m. (March 1):

Nicholas Minor died Wednesday afternoon at the Dayton Children’s Hospital, the Montgomery County Coroner’s office said, noting an autopsy is expected to be performed Thursday.

WATCH: CareFlight responds to accident scene in Middletown

First report:

Relatives of a 3-year-old boy critically injured in a “freak accident” Friday night in the 4600 block of Shawnray Drive are asking for a miracle, according to their Facebook pages.

Nicholas Minor was flown to Dayton Children’s Hospital where he remained in critical condition this morning, according to hospital officials.

His grandfather, Mark Minor, 60, was transported to Atrium Medical Center, then to Miami Valley Hospital in Dayton. He had surgery on his pelvis, his family said.

Jon Marshall Jr. told Middletown police he agreed to sell his 2000 Grand Marquis to Minor. When Marshall parked the car in the inclined driveway around 4:30 p.m. Friday, a brick was placed behind the left rear tire, according to the police report. Marshall said when the car wouldn’t start, he tried to put the car in gear, and that’s when it started to roll backward.

The car jumped the brick, then ran over Nicholas Minor, who was playing in the yard, according to the accident report.

Mark Minor tried to stop the car from hitting his grandson but was struck in his pelvis, police said.

A relative called it “a freak accident.”

When the car started to roll backward, Marshall, 48, said he also tried to stop it, but his leg got trapped outside the car.

Marshall told police he felt “pure terror” because he thought he was going to die.

The car eventually stopped near a drainage ditch.

A neighbor, who witnessed the accident, told police after the ambulance arrived she went back in her house because she couldn’t watch.

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