FLASH STAFF REPORT
ERATH COUNTY (November 28, 2018) – Last month two hit and run cases saddened the lives of several local families. One case, in Dublin, was solved within a few hours. The other, on Highway 108 in Erath County, took the life of Isaiah Warren Cutler, 30 of Comanche.
That incident took place on October 26, and now, almost exactly a month later, James Madison Day was arrested for failure to stop and render aid in an accident involving death.
According to the arrest affidavit, investigators on scene at the incident found parts of the vehicle that hit Cutler including a “SUPER DUTY” logo from a Ford pickup. On November 11, after an anonymous tip, investigators went to Day’s home on County Road 109 and found a pickup missing the same parts they found.
Day admitted that it was his vehicle, but that the damage was done by striking a deer.
“While talking with Day, he stated that he was driving the vehicle on the day of the incident, but state that he hit a deer.” The vehicle was then taken to test for biological evidence. It was sprayed with Blue Star (a chemical spray used to detect blood evidence). Human blood was found on the outside of the vehicle consistent with hitting a person, according to the arrest affidavit.
The affidavit also stated that Day also told several people about the incident including his two daughters, a daughter’s boyfriend, his boss and boss’s wife among others.
According to the report from Erath County Sheriff Matt Coates, “Day’s daughter stated that her father James recounted to her that on the night the man was killed on Highway 108, James Day went to feed horses at his boss’s house. When he finished he left to go to the Huckabay store for milk. On the way to the store, he went to pass a slower vehicle and struck Cutler while he was in the oncoming lane. The daughter told investigators Day did not call police because he was scared. He also asked to talk to the daughter’s boyfriend because he has been in the military.
Day was arrested without incident and is currently being held in the Erath County Jail with no bond as of 7 a.m. as of Wednesday, November 28.