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HOUSTON -- A night of trick-or-treating ended tragically for one Houston family after police say a 5-year old girl darted away from her mother and was struck by a van.

The accident happened just after 8 p.m. Halloween night along Boone Road north of Beechnut Street in southwest Houston. The victim and her mother had been outside the Unity Funeral Home.

Witness Fundale Hamilton was trick-or-treating and heard the impact of the van.

'Out of nowhere it just hit something, and then it just like back, back,' he said.

The unidentified driver, described in his 70's, stayed at the scene. Police say he was not impaired and will not be charged.

Hamilton said the girl's mother had been close by. 'She was right behind,' he said, 'a few steps back.'

'I think I'm not coming outside anymore,' witness Helton Motino said. He had been trick-or-treating too.

Some candy was still in the road Friday morning. The victim has not been identified.

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