CHARLOTTE, N.C. (FOX 46 CHARLOTTE)- A driver is facing charges for hitting and killing a man and his dog while they were walking along a busy road near Mallard Creek.

The family is still in shock over what happened. They did not want to talk with FOX 46 Thursday night, but a family friend and a witness say the tragic accident was part of a larger problem.

Friends, family and neighbors came out, building a memorial on near the intersection of Prosperity Church Road and Pinewood Lane to remember Tran Tran, the man who was out walking his dog and never made it back home.

“Tran was the most loving, kind, giving individual that you’d ever want to meet.  He never asked to be paid back for anything he did,” friend Linda Turner said.

Turner knew Tran for years.

RELATED: DRIVER CHARGED AFTER MAN, DOG FATALLY STRUCK WHILE OUT FOR WALK IN NORTH CHARLOTTE

“His son and my nephew worked together at one point before college, and we worked our way in there,” she said.

What happened to Tran is something Turner and many others say is a big issue.

CMPD tells FOX 46 that Waltavius Mims was behind the wheel of a SUV going at a high rate of speed Wednesday night when it went off the road, hit a mailbox, hit Tran and his dog and then went into some nearby bushes.

“Whatever he was doing, he wasn’t paying attention and it cost somebody his life,” neighbor Chris Fuentes said.

Fuentes lives nearby and came to show her support for Tran’s family. She says there have been too many close calls here.

“I’m out on this street.  People are walking with their children all the time, people are walking their dogs all times of the day, and it’s never good.”

Turner says Tran’s death did not have to happen and she tells us friends and family will make sure it won’t happen to anyone else.

“There will be something and we will make sure of it,” Turner said.

Mims is charged with misdemeanor death by vehicle and reckless driving. CMPD says while speed was a factor, they’re awaiting test results to determine if anything else contributed to the crash.

Friends have set up a GoFundMe to help with expenses for the family.