[ Adot Incident 2609053 Update / FINAL on cyclist McCarty death: azcentral.com The motorist who killed Shawn McCarty was fined a total of $420 (and the case is apparently closed). Regardless, It would appear that $420 is the “normal” fine schedule that anyone would pay. That would mean that the enhanced fine for 28-735 (section B) was exactly ZERO. How can that be? Would a judge or magistrate actually make that decision, or it is some sort of court “bug”?
§28-735B: “If a person violates this section and the violation results in a collision causing… Death to another person, the violater is subject to a civil penalty of up to one thousand dollars”. Here’s another one from a different jurisdiction, Green Valley, from a couple of years ago, again, as far as i see there was no enhanced penalty.
There are a series of stories by blogger Ray Stern of the PhoenixNewTimes; amy_alexander_case_of_killed_b; police_report; Pays $420 fine; Inattention Cops Say. In particular, the police report offers no explanation other than “inattention”; and a claim by police that cell phone use was not involved
Police tend to pay too much attention to the 3-foot law and not enough to Failure to keep proper lane, which would trigger a 28-672 charge; which should have been charged in this incident, according to the description of the collision, the motorist drifted between lanes ]
Ped fatality Saturday, Cyclist fatality Sunday
(3/10 and 3/11). A handful of interesting points: each driver was cited within a day or two of the incident. In the case of the pedestrian mowed down in a crosswalk, the driver was also cited for 28-672 (causing death by violation) which is a criminal (albeit a minor misdemeanor) charge. In the case of the cyclist, according to blogs.phoenixnewtimes.com the driver was cited for violating the 3-foot rule (28-735) and driving in a bike lane (28-815D) [this can be looked up on the Scottsdale muni court: it is TR-2012006430 and the fine was $210 for each — the city apparently didn’t bother with the enhanced penalty for death, 735B]. The police aren’t letting on why the driver so distracted that she was driving in the bike lane (and yes, it’s a real, full-fledged, designated bike lane), other than to say the investigation is continuing. As I pointed out in double-jeopardy-and-flawed-logic it’s unusual (around Arizona) to issue any citations until the close of investigation and getting the go-ahead from a county prosecutor — apparently Scottsdale does things differently.
It is gratifying to see Scottsdale issuing the 28-672 charge when appropriate… I have no way to check this but it seems way under-utilized. In the end, though, it may be little more than a slap on the wrist, see e.g. this case where it seems to have merely amounted to a $200 fine — hardly a behavior-changing penalty. Last month, Scottsdale also charged a driver making a bad left with 28-672 which resulted in the death of a boy riding legally in the crosswalk (a la Maxwell v. Gossett).
Pedestrian: Judith May, 69 / driver: Frederick Matschull, 72; Case TR-2012006196
Cyclist: Shawn McCarty, 53 / driver: Amy Alexander, 40; Case TR-2012006430.
lookup Scottsdale Municipal Court records by case number at scottsdaleaz.gov.
A bicyclist died Sunday evening after being struck by an SUV on Thompson Peak Parkway about 4:30 p.m., Scottsdale police said Monday.
Shawn McCarty, 53, of Scottsdale, was traveling northbound in the bike lane when the female driver of a black Chevy Tahoe, 40-year-old Amy Alexander of Scottsdale, swerved into the bike lane, striking McCarty. It wasn’t immediately known what caused her to swerve.
Police were called to the scene just north of 100th Street on Thompson Peak Parkway, and McCarty was transported to Scottsdale Healthcare Osborn Medical Center, where he was pronounced dead.
Thompson Peak Parkway was closed until about 11 p.m. Sunday. Police have ruled out alcohol, drugs and the driver’s speed as factors in the collision.
In a separate collision in Scottsdale, a pedestrian was fatally struck by a vehicle early Saturday.
Judith May, 69, a California resident, was killed after being hit by a pickup at about 7:30 a.m. Saturday. May was crossing the street on the east side of Scottsdale Road at Osborn Road when the pickup turned left and struck her. Police said there’s no indication the pickup driver, Frederick Matschull, 72, of Mesa, was impaired.
Both drivers were cited in the collisions.