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Driver found guilty: South Phoenix Hit-and-run
Posted on May 20th, 2010 3 comments7/11/2009: location listed only as “South Phoenix”, in the early morning hours of Saturday, hit-and-run. Police apprehended Max Ramiro Garcia, 33, in an unrelated traffic stop (speeding). ( azcentral.com, KPHO). was charged with manslaughter and leaving the scene in the death of cyclist Robert Flakes; Superior Court Case Number CR2009-145409.
He’s had a bunch of civil traffic cases over the years, search supremecourt.az.gov and justice court.
This is one of a chain of similar fatal hit-and-runs in Phoenix that occurred in summer of 2009.
The Trial and Verdict
The defendant is charged with manslaughter, endangerment, and hit-and-run w/death. And case went to a full-blown trial (sort of unusual), which lasted seven days. I have no idea what went on, or what was the nature of the defense.
The Verdict came in on 5/13/2010. the defendant was found guilty of Neg Hom ( a lesser charge, one notch down from manslaughter), and endangerment. The jury also found those two to be “dangerous” offenses, which factors in to sentencing.
The jury also found the defendant guilty of leaving the scene of a fatal, but (strangely?) found that it was “not proven” that he caused the collision.
Sentencing is scheduled for 6/17/2010.
1 responses to “Driver found guilty: South Phoenix Hit-and-run”
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Hi Ed: This brings into memory of Richard Moer’s run in with a rogue police officer who threatened him with a ticket. With the attitude of the legal establishment (courts on down to police)cyclists don’t have a fair chance in a court of law. There is still too much bigotry against cycling. Looks like the prosecuting attorney didn’t ask the right questions during jury selection, or perhaps is one of those who think that we’re supposed to ride only on sidewalks in residential areas.It would have been appropriate for the court to throw the book at him and charge him with murder. Wonder how the verdict would have come out if a politician’s kin was run down the same way? Bob.
2 Trackbacks / Pingbacks
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[...] In that case, though, police apprehended and was arrested someone soon after the collision. See South Phoenix Hit-and-run for details on that [...]
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Cycling Safely » Blog Archive » Phoenix Hit-and-runs disturbingly similar September 2nd, 2009 at 11:02
[...] In that case, though, police apprehended and was arrested someone soon after the collision. See South Phoenix Hit-and-run for details on that [...]
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Bob Jenson June 18th, 2010 at 17:52