Scottsdale Cyclist dies after hit-and-run crash

Below is chronological history of hit-and-run fatality w/DUI, incident occurred 1/13/2012 through sentencing.

The sentence is, apparently, from what we now know, typical. Despite what appear to be harsh penalties for any hit-and-run, the justice system (courts and prosecutors) ignore what appear to be minimum sentences; for example the felony 3 the driver plead guilty to carries a presumptive minimum of 3.5 years in prison, and a mandatory suspension of driver’s license from 5 to 10 years; and these penalties are to run  in addition to any other penalties (in this case, the extreme DUI). In short, it appears nobody goes to prison for hit-and-run; the statutory penalties are a paper tiger.

Suspected alcohol involved and hit-and-run driver who seriously injured bicyclist Steven Douglas Langager on January 13, 2012. Langager subsequent died from injuries sustained.
The driver’s name was never released in the media; Scottsdale PD PIO said the suspect in the “Jan collision included Roger Stevensen, 60 yrs old” (probably ROGER ALLAN STEVENSON, 05/1951).
He was subsequently indicted in September on charges of extreme DUI and felony H&R; the case is docketed as S-0700-CR-2012008319

From the Police Report

Hit and Run / (driver) alcohol is suspected. cyclist was crossing(?) Via De Ventura southbound at (near?) Via De Negocio. bicyclist sustained serious injuries, and died 1/26/2012. From the police departmental report: “1501 hours, a collision involving a vehicle and a bicycle occurred near the intersection of Via De Ventura and Via De Negocio. The driver of the vehicle, Roger Stevenson, was westbound on Via De Ventura when he collided with the bicyclist just west of the intersection”. The driver returned to the scene in the suspect vehicle but his intentions were unclear and had to be stopped and subsequently arrested. mechanics: “Vehicle #1(the SUV) was westbound on Via De Ventura in the #1 lane when it struck the bicyclist, which was also in the #1 westbound lane, just west of the intersection. One witness is certain the southbound traffic signal on Via De Negocio was red. The direction of travel for the bicyclist is unclear, however, the left front of the vehicle struck the right side of the bicyclist, suggesting the bicyclist could have made a left turn from northbound Via De Negocio onto westbound Via De Ventura.” According to the report the bicycle’s frame was carbon fiber; and the trip odometer indicated a 42 mile ride (though i guess there’s no way to know if it was all one ride), and the odo had 11,997 miles on it. So one could suppose the victim was a serious roadie. “(the driver) fled the scene in the vehicle, however, was located approximately 30 minutes later. (He) was determined to be impaired by alcohol (.178 blood alcohol concentration) and was arrested for Leaving the Scene of a Collision, ARS 28-661A1, Aggravated Assault, ARS 13-1204A2, Extreme DUI, ARS 28-1382A1, DUI Above .08, ARS 28-1381A2, and DUI Impaired to the Slightest Degree, ARS 28-1381A1.”. Oh, and the suspect says the the “sun was in his eyes” (at 1501?); and explains that the windshield damage was from a rock while driving on the 101.

PLEA (Plea deal)

Roger Allan Stephenson plead guilty to ARS 28-661 (Hit/Run, Fatal) and 28-1382 (Extreme DUI). The hit and run conviction was for a class 3 felony, meaning it was not claimed that he was the at-fault driver (although the crash report lists Stephenson as most-at-fault).

http://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2012-008319

SENTENCING

Case History — if this link doesn’t work, do a case history search on case number CR2012-008319:

Case Minutes — see minute from 6/13/2013 for the sentencing document.

“suspending imposition of execution of sentence”

probation: 5yrs+5yrs, *concurrent*, that may or may not be inconsistent with the requirement of ARS 28-661(D). Perhaps that statute simply needs to be amended to read “The sentence OR PROBATION imposed ..”. It seems to me that the sentence IS probation, but the popular interpretation seems to be that the “jail sentence” is suspended (including DL suspension? don’t know, will check), and probation is not a “sentence”.

Condition 18:
Count 1: Incarceration in county jail for 8 months, with 150 days credit (3 months additional jail time).
Count 3: Incarceration for 30 days, with 30 days credit (no additional jail time).
So it seems there’s no funny math regarding time served counting towards both of consecutive sentences.

DNA testing.