"I was standing behind the car, and they were on the side and I was waving traffic away. The next thing, there's two bodies going through the air," said Gordon Jarrett, the owner of the Mustang that was out of gas.
Paramedics rushed both victims to Atlanta Medical Center. Officer Daniel was later pronounced dead. The injured man, 58-year-old John Cook, is listed in serious condition.
Police said the driver of the truck sped away after striking the men.
Witnesses said that investigators arrived at a home in Stockbridge around 5 p.m. on Tuesday and inspected a white truck. Marin-Garibay, who lives at that home, was arrested a short time later.
Neighbors said Marin-Garibay works in the tile-laying business.
The white F-350 truck was taken away by authorities on Tuesday night.
Marin-Garibay is being held without bond at Henry County Jail. He is expected to make his first court appearance on Wednesday.
Marin-Garibay is charged with vehicular homicide, serious injury by vehicle, failure to maintain lane and hit & run, according to Bolton.
COLLEAGUES MOURN OFFICER DANIEL
Fellow officers remembered Daniel as a dedicated officer. He joined the Henry County force two years ago after he retired from the DeKalb Police Department with more than two decades of service.
"Very experienced, very nice guy. Spent 26 years with DeKalb police as a lieutenant and continued the fervor to be in law enforcement," said Henry County Police Officer Joey Smith.
DeKalb County Police Department Assistant Chief Annette Williams said that she started on the force at the same time as Daniel, graduating from the same police academy class 27 years ago.
"He didn't give up, he always would say this was something he always wanted to do," said Williams. "He died doing something that he enjoyed doing and helping others."
Daniel rose through the ranks up to lieutenant in his 20-plus year career with DeKalb before taking early retirement only to return to police work one county south in Henry.
"He fought the streets of DeKalb County Uniform Division. He patrolled here for 25 years and he leaves and less than two years later, he's killed," said Williams.
Williams says Daniel's family was a source of pride for the fallen officer. As her thoughts went out to his wife and children, the assistant chief and former classmate says it's a loss that she too is still struggling to come to grips with.
"When you hear this…you really don't know what to say, but as I came into my office… I just can't find words to express how I feel," said Williams.
DeKalb's Public Safety Director William Miller and Interim Police Chief Lisa Gassner offered their condolences in a statement released on Tuesday. "We would like to extend our condolences to the Daniels Family and the Henry County Police Department on the tragic loss of Officer Elgin Daniels. Our hearts are especially heavy since Elgin served honorably on the DeKalb County Police force for 25 years before retiring as a Lieutenant in 2010. He left an indelible mark on the hearts and minds of his fellow officers. He will forever be remembered as a man who always encouraged others to challenge themselves and strive to live a life of excellence."
DRIVERS REMINDED OF 'MOVE OVER' LAW
The Governor's Office of Highway Safety is reminding motorists about the "Move Over" law.
Drivers are required to move over one lane whenever an emergency vehicle is on the side of the road with its lights. If it's too congested to move over, slow down and be prepared to stop.
Anyone caught breaking the law faces a fine up $500 and three points on their license.
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