Hit and Run Case Heads to a Grand Jury

August 29, 2014 Updated Aug 29, 2014 at 1:28 PM EDT

By Rachel Elzufon

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Hit and Run Case Heads to a Grand Jury

August 29, 2014 Updated Aug 29, 2014 at 1:28 PM EDT

Cheektowaga, NY (WKBW) - The Cheektowaga teenager charged with a deadly hit and run returned to court Friday afternoon.

Family members of both the victim and defendant were in court during a hearing that was at times tense.

18-year-old Devin Scagnelli is charged with leaving the scene of a personal injury accident.

Prosecutors say he struck and killed 47-year-old Rickey Mullar while in his friend's car, and fled the scene before being stopped by a nearby police officer.

The defense says Scagnelli fell asleep at the wheel and left in shock, but was heading back to the crime scene when he was pulled over.

Scagnelli's bail was set at $100-thousand cash or $250-thousand bond.

Rachel Elzufon will have more on EWN at 5.