Notably, 28-672 was “criminalized” quite recently (probably 2006. it was 47th 2nd regular seesion) before that it was a civil-only penalty. HB2208

28-672 was added in 1998, and had just: 645A3(a), 772, and 855B (traffic control signal legend, left turns, and stop signs).

In 2004, added were: 792, 794, 797E6
In 2006, added were: 857A (HB2389)
In 2007, added were: 857A (HB2052)
(identical change by both bills for school busses)
In 2008, change 797 sections (probably for consistency with
modifications to 797?)
In 2010, added were: 729, 771, 773

So suggesting changes to this section is not predisposed to failure.

These cases can take quite some time to finalize. The collision happened in Sept 2010. I began to get concerned that nothing seemed to be happening as the 1-year time limit (for issuing citations) approached.

Here’s a scan of the plea deal court records.

Case Number: M-0341-TR-2011006062
Title: ST OF AZ VS KILCOIN KYLE Category: Traffic
Court: Flagstaff Municipal Filing Date: 08/14/2011
Judge: E-CITATION Disposition Date: 02/21/2012
KYLE KILCOIN DEFENDANT – D 1 Date of Birth: 04/1991
Citation Count Description Disp. Date Disposition
C00202438 1 FAIL TO YIELD ON LEFT TURN AT INTERSECTION 02/21/2012 PLEA GUILTY/RESP SENT IMPOSED
C00202438 2 ACCIDENT W/SERIOUS PHYS INJURY 02/21/2012 PLEA GUILTY/RESP SENT IMPOSED

In a horrifying memo uncovered by KGUN, the Tucson city attorney, citing budgetary problems, has directed their police to NOT issue 28-672 charges.
Apparently negligently caused deaths and horrible injuries aren’t important enough for the prosecutor to bother with…. a traffic ticket will do just fine, thank you.

The driver accused of running a red light, killing 2 and seriously injuring another, 29 y.o. Richard Kinner (maybe Kinnar?) had a long string of violations: “But a 9 On Your Side Investigation discovered that Kinner has a long history of previous traffic citations — 31 in all, including five charges of street racing and seven other charges of driving on a suspended license.”
You can see a picture of the pimped-out Tahoe here.

The county attorney apparently decided the more-serious 28-675/676 cannot be charged; it would depend on why Kinnar’s license was suspended. If the county attorney declines for any reason, the city attorney (normally!) would then be free to persue the lesser 28-672. Apparently only an intense amount of community pressure (including facebook) caused Tucson City Attorney Laura Brynwood to step up and do the right thing and charge Kinnar with 28-672.

Jan 29, 2011 news piece on the trial and sentence. The dispute now, the appeal, is over the sentence which somehow was assigned 25 each for two deaths plus one serious injury. Sounds like the judge threw the book at him, which he should have, his prior record should have been considered in sentencing.

news piece dated Feb 10, 2011

The victim’s names are distinctive: Lorrie Schlecht, 55, her daughter Casie Roden, 34, and her granddaughter, Caia Roden, 4

Interesting KGUN article, i had not heard anything about this bill. It was sponsored by Vic Williams (R-Phoenix) and Terri Proud (R-Tucson).
What it would do is change the particulars as to what type of license suspension would be eligible for the more serious charges. In one version, it would simply be any suspended license.

I can’t quite figure out from the azleg site where this stands. The legislative session seems to be winding down?? maybe it’s (this bill) already dead.

The word “vehicle” probably ought to be “traffic” instead. In AZ bikes aren’t vehicles (more explanations here ). This distinction may seem to be hair-splitting, getting away with this nuance, particulary on a criminal charge, is not likely to fly.

This seeming oversight is on a short list of statute tweaks I would like to see.

http://www.azleg.state.az.us/ars/28/00772.htm