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Queen Creek hit-and-run; driver arrested
Posted on August 16th, 2009 11 commentsAnother bicyclist fatality, the fourth fatal Phoenix metro area hit-and-run in just over two months.
See Phoenix hit-and-runs disturbingly similar for a rundown on the other three.
According to MCSO, on 8/15/2009 ~2am three cyclists were EB on Ocotillo Rd ne
ar 228th St, the motorist was WB in the EB lane — i.e. head on. The motorist fled the scene and MCSO later arrested Gary Foshe, 53. The Maricopa County Sheriff’s Office (MCSO) provides police services to the town of Queen Creek. The name of the suspect is probably actually Gary Lynn Foshee — there is a 53 year old by that name with a civil traffic case in justice court June
of this year (is that in addition to the DUI in Scottsdale 2006, mentioned in the EV Trib article below?).There are some pictures of a roadside memorial at queencreekevolves. The victim’s name was Russell Jenkins. Pics of the ghostbike memorial here, and here.
The Criminal Case
Superior court criminal docket, case number CR2009-154132. , or lookup via supremecourt.az.gov
According to case minute entry “Defendant needs additional time for expert to complete investigation and make a complete expert opinion”; which was granted resetting the trial for 07/26/2010…. oops, more delays, now showing another conference for 1/4/2011 and the “new last day” is 2/10/2011. The minute entry from 9/28/2010 “regarding the constitutionality of A.R.S. § 12-2203“, a statute which relates to the Admissibility of expert opinion testimony. hmmm….
The trial has been reset AGAIN, as of the case minute entry from 3/14, the trial is set to begin 3/28/2011. This case has more minute entries and notations than I’ve ever see. The DPS criminologist is Herlinda Graham, and apparently the defense’s expert witness is Chester Flaxmayer. See, e.g. “AACJ 23rd Annual Seminar on Aggressive Defense of the Accused Impaired Driver”, or phillipslaw.com.
Pick up trial coverage (and eventual outcome) here.
Media reports on the incident
Here is the East valley Tribune, that came out the day the direct complaint was filed on 8/18/2009:
A Queen Creek man was jailed on a manslaughter charge after he drove the wrong way and struck and killed a bicyclist Saturday, according to the Maricopa County Sheriff’s Office.
Gary Lynn Foshee, 53, was driving a Ford truck east on Ocotillo Road about 2:10 a.m. near 228th Street in Queen Creek when he crossed into the westbound lanes and struck the bicyclist and nearly struck two others, a court document states.
The rider, whose identity still has not been released, had a working headlight on his bike.
The surviving cyclists and two deputies reported that Foshee had a strong odor of alcohol and several signs of intoxication. A blood test is pending.
Foshee was convicted in 2006 of misdemeanor drunken driving in Scottsdale and served three days in jail.
from azcentral:
A bicyclist riding with two friends in Queen Creek was struck and killed early Saturday in a hit-and-run incident.
The incident occurred near East Ocotillo Road and South 228th Street at about 2 a.m. The victim and two friends were eastbound on Ocotillo Road when he was struck by vehicle going westbound in the eastbound lane.
The driver fled the scene, but the Maricopa County Sheriff’s Office Traffic Unit later arrested Gary Foshe, 53, and booked him into the Fourth Avenue Jail for one count of manslaughter and two counts of endangerment.
There were no details on the circumstances of the arrest. Deputies are still investigating the incident and alcohol may have been a factor, said Aaron Douglas, a spokesman for the Sheriff’s Office.
The Sheriff’s Office is withholding the name of the victim until the family is notified.
…
other news reports myFoxPhoenix, abc15.
8 responses to “Queen Creek hit-and-run; driver arrested”
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You should be careful about printing and or advertising untrue statements. Will you apologize for comments like these when the real true comes out. Check police records on cyclists, are drugs ok / this is just wrong.
[ed. comment: I would be happy to correct any factual errors. The information provided was sourced from reputable, recognized news organizations who said their information was provided by the Maricopa County Sheriff's Office] -
this is all lies. the man who was killed was on meth! and gary did not drive away this is why the news is lies and exaggerates. the man hit was not right in his mind. so it wasnt garys fault.
[ed note: According to the police report, the driver was driving on the wrong side of the road when he struck and killed the bicyclist. Also according to the police the driver fled, and was intoxicated when apprehended. The condition of the bicyclist at the time would have little, if anything, to do with the criminal charges against the driver]
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yupitsme January 19th, 2011 at 09:42
Who cares what the victim was on. Simple fact of the matter is that this clown, Gary, was driving drunk!!! And not for the first time either …… hope he gets everything he deserves
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bla bla March 30th, 2011 at 17:00
Kayla your posts are lies. You dont have a clue what you are talking about. the victum was not on meth. maybe you need to go back to your sources and recheck the info. Gary was drunk and driving on the wrong side of the road. He also fled the scene and told officers that he didnt realize he had hurt anyone. SO GET YOUR STORY STRAIGHT.
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rocket May 10th, 2011 at 10:57
kayla,I know this must be hard for you to understand but no person should die that way.Only God has that right.If your brother or sister was taking any kind of medication and went to a friends house would it be ok for someone to run them down?Or,Gary was drinking alot that night so does that make it right if someone hit him on his way out to his car?No!Think,your smarter than that.
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heather p May 16th, 2011 at 15:18
to bla bla , sounds like u were one of the other riders that nite, giving several statements cause u still cant remember
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IT DOES MATTER IF THE BICYCLIST WAS ON DRUGS, AND YOU OBVIOUSLY KNOW IT WAS A COMBINATION OF THEM. I HAVE WATCHED GROWN MEN WHO HAVE WORKED HARD ALL THERE LIVES END UP ON DRUGS AND LOOSE EVERY THING RESULTING IN THERE ONLY FORM OF TRANSPORTATION TO BE A BIKE, THIS IS NOT A MARATHON BICYCLIST, OR A PLEASURE DAY TIME RIDER, THERE ARE BIKE LAWS THAT WHERE BROKEN BUT THIS SITE ISNT MENTIONING IT NOR IS IT GIVING HONOR TO OTHER BICYCLIST IN OTHER CASES NOT SIMILAR TO THIS ONE, THIS PROBLY WONT GET POSTED, NO ONE WANTS TO ADMIT FAILURE
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azbikelaw May 18th, 2011 at 16:26
I am going to close down comments — if anyone has any actual information please contact me.
The same person has been posing as several people; and then even go on to agree (with themselves)!
3 Trackbacks / Pingbacks
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[...] fatality bears many similarities to several of four recent fatalities in the Phoenix-metro area this past [...]
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[...] Queen Creek hit-and-run; driver arrested DUI cyclist fatality [...]
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[...] Much more background here and here. [...]
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kays September 11th, 2009 at 06:29