By JANET PHELPS

janet.phelps@theeagle.com

A 19-year-old pedestrian who was struck by a police car in Caldwell remained in a Temple hospital in fair condition Tuesday, officials said.

Police said Caldwell resident James Keith Erwin walked onto a poorly lit section of Texas 21 near North Banks Street around 10 p.m. Monday and was hit by patrol car driven by Caldwell Police officer Cougan Hignight.

The accident marks the second high-profile incident involving Hignight in his 11-month career with the Caldwell Police Department. In June, he fatally shot a man accused of robbing a grocery store and leading police on a chase through the city in a stolen car. A Burleson County grand jury decided Hignight was justified in shooting 36-year-old Louis William Avrin.

Caldwell police have asked Department of Public Safety officials to handle Monday's accident investigation.

"The investigation is in preliminary stages," DPS Sgt. Mike Griffin said, adding that the inquiry could take two months.

Griffin said Hignight, 36, was eastbound Monday on the inside lane of Texas 21 when Erwin "walked directly out in front of him" from the East Side of the road. Hignight swerved to the left but was unable to avoid striking Erwin, according to Griffin.

Hignight was responding to a call at the time, but the lights and sirens on his vehicle were not on. He stopped immediately after the accident, officials said. It was unclear how fast Hignight was traveling.

Caldwell Police Department officials were not available for comment Tuesday. Hignight was not placed on administrative leave.

Erwin was taken by helicopter to Scott & White Hospital in Temple in critical condition Monday, but officials said his condition improved the following day.

Griffin said Erwin was wearing dark clothing when he crossed the street in an unlit area on Texas 21 where there is no crosswalk.

He said he did not know yet whether speed was a factor.

Troopers have taken measurements and photographs and started collecting statements.

"We just have to wait until we get all the facts and put it all together," Griffin said.

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