Pre-preliminary 2009 Fatality Report

First, some perspective: In the state of Arizona, approximately 1,000 people are killed per year in traffic collisions of all types. The number of cyclist (usually called a “pedalcyclist” in the jargon) fatalities fluctuated between15 and 36 per year over the past twenty years, with an average of about 25/year.

[as a sidebar, Arizona total traffic fatalities which have been as high as 1,293 just a couple of years ago, were down to 937 for 2008.  The exact cause of this happy trend is a matter of great debate, e.g. the effect of economic recession, and photo-enforcement. Even after this dramatic reduction Arizona roads remain significantly more dangerous than US averages ]

I have become increasingly frustrated by what seems to me to be short-shrift paid to analysis of crashes resulting in a cyclist’s serious injury/fatality Read the rest of this entry »

Bullhead City cyclist killed in hit-and-run

Larissa Jean Castilleja

Larissa Jean Castilleja, 43, a Bullhead City High teacher was killed Sept 9 when a driver hit her and fled the scene.

This fatality bears many similarities to several of four recent fatalities in the Phoenix-metro area this past summer.

1. the automobile driver hit-and-ran (all 5 incidents)
2. DUI on the part of the automobile driver is suspected (at least 4 of the 5 incidents)
3. time of day was overnight/early morning (ranging from 10pm to 4am)
4. no improper actions on the part of the cyclist are suspected (all 5 incidents)

The suspect’s case for suspicion of leaving the scene of a fatality is case number FR-20090720 in Bullhead City Justice Court (you can look that up at  supremecourt.az.gov.). Mojave superior court apparently isn’t searchable.

The suspect was later charged with manslaughter and leaving the scene, on Sept 28 he plead not guilty; and according to the Mojave Daily News, has secured himself  all-star Scottsdale DUI lawyer Scott Maasen. In granting the reduced bond, the judge expressed reservations and then … did it anyway! It was also revealed in that story that the defendant has an outstanding warrant for DUI in Nevada, which he says he is not aware of.

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Full text  of Bullhead City Police Department Press Release (.pdf here , includes a picture of the suspect) is below. It is well written and contains a lot of salient information, e.g. it specifically mentions the time of the collision, and the fact that the bicycle was equipped with lights. My only criticism is the use of the term ‘accident‘ — which should, of course, of been ‘collision’, or ‘crash’

Fatal Vehicle vs. Bicycle Accident
The Bullhead City Police Department arrested 53-year-old Gino Salvatore Gagliardi of Fort Mojave, Arizona for leaving the scene of a fatal accident after hitting a cyclist with his vehicle. Manslaughter charges are pending.
At 4:12 a.m. on Wednesday, September 9th, 43-year-old Larissa Jean Castilleja of Bullhead City was riding her bicycle southbound on the Bullhead Parkway, near North Oatman Road, when she was struck by a 1983 green GMC van driven by Gagliardi. Castilleja was pronounced dead at the scene.
Gagliardi’s vehicle, which had front-end damage and a flat tire, was found abandoned on Adobe and Mountain Pass Road. Witnesses say he left the area on foot. A few hours later, police located Gagliardi at his Fort Mojave residence. After further
investigation, police believe that alcohol may have been a contributing factor in this accident. A blood sample was taken from Gagliardi and per the Mohave County Attorney, manslaughter charges are pending the laboratory analysis of the blood. He was booked into the Mohave County Jail in Kingman.
Castilleja was wearing a helmet and her bicycle was equipped with safety lights.

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2009 AZ Cyclist Fatality Grid

News reports: KPHO azcentral Mojave Daily News

Cyclist killed on Maricopa Road by suspected DUI

Michael Gray (Michael Gordon Gray), 43, died Sunday April 12, 2009 when a suspected drunken driver killed him at 3PM traveling along Maricopa Road nearby the access road to the Koli Equestrian Center. GRIC (Gila River Indian Community) police say they suspect the motorist may have been under the influence.

Here is near where I believe the collision occurred. Maricopa Road is a fast (posted 50MPH?) two-lane rural highway — one relatively narrow lane in each direction, there is a shoulder stripe and perhaps a foot or so of irregular asphalt and lots of gravel

In the several months that have passed, I am looking for updates on the status of the investigation. From what I gather, serious crimes on the reservation go to federal jurisdiction, see e.g. Sacaton man gets 27 years in killing of Gilbert bicyclist (more detail in the DoJ press release)

2009 AZ Cyclist Fatality Grid

azcentral :

Chandler man dies in car-bicycle accident [accident? grrrrr]

by Cathryn Creno – Apr. 17, 2009, The Arizona Republic

A 43-year-old Chandler man died Sunday after his bicycle and a car collided on Maricopa Road on the Gila River Indian Community, tribal police said Thursday.

Alia Maisonet, community public information officer, said Michael Gray was dead at the scene, in front of the Koli Equestrian Center, when medics arrived about 3 p.m. She did not release the name of the driver of the car, saying tribal police continue to investigate the accident.

The Maricopa County Medical Examiners Office said Thursday that Gray died of “multiple blunt force injuries.”

“The investigation revealed the victim was struck by a vehicle driven by a white male non-community member,” she said in a statement. “Alcohol may have been a contributing factor.”

Green Valley cyclist killed

the Arizona Daily Star is reporting a fatality in Green Valley (near Tucson),
Green Valley cyclist, 84 killed in vehicle collision.

It is very unusual for police (in this case the Pima County Sheriff’s Office) to cite immediately. The normal pattern in fatal collisions (see e.g. Allen Johnson) is nothing gets issued, a lengthy investigation (most of elapsed time is due to waiting on tox results)  is conducted, after which the prosecutor declines to file criminal charges, and finally traffic citations are issued. Will there be no further investigation? Seems hasty. Entry at tucsonbikelawyer.com also see zero-citations-so-far-for-three-foot-passing-rule-in-tucson-this-year for interesting facts about just how rare citations for 28-735 are.

There was a nice article about Jerome in the Green Valley News, interesting discussions about criminal negligence at tusconbikelawyer.com

The case was settled for only $254 in fines, covering two citations, according to the GV News “David Armstrong, 76, of Green Valley, pleaded responsible to ‘overtaking bicycles – fatal,’ and ‘driving in the bike lane’ and was fined $140.50 and $113.50 respectively”. No word as to why the fine for violating §28-735 , which carries a fine of “up to” $1,000,  was settled for far less — not that it really makes much difference, but after all what’s the point of having enhanced penalties for more serious outcomes if the judge/magistrate doesn’t apply it? It was Case number TR-20091755 in Green Valley Justice court.

I have no idea how the fines are arrived at. The fine schedule according to the list for ddp (but defensive driving school isn’t an option, I’m just using it to look up court fees), for Green Valley is $120 court fee plus $40 state fee. Perhaps that is where the $140.50 comes from? Which I suppose means the “enhanced” part if it is $0.

2009 AZ Cyclist Fatality Grid

By Alexis Huicochea
Arizona Daily Star
Tucson, Arizona | Published: 09.03.2009
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An 84-year-old bicyclist died this morning after he was struck by a car in Green Valley.
Jerome Featherman was riding south on North Desert Bell Drive, near West Calle de Oro, at 9:38 a.m. when a motorist drove into the bike lane and hit him, said Deputy Dawn Barkman, a Pima County Sheriff’s Department spokeswoman.
Featherman was taken to a hospital where he was pronounced dead, she said.
The driver of the car – David Armstrong, 76 – was given a citation on suspicion of violation of the three-foot passing rule causing death and driving in a bike path.
The three-foot passing rule states that when passing a bicycle that is going in the same direction, a motorist has to leave a safe distance between the vehicle and the bicycle of not less than three feet until the vehicle is safely past the bicycle.

Queen Creek hit-and-run; driver arrested

Another 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, three cyclists were EB on Ocotillo Rd near 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. Read the rest of this entry »

Allen Johnson

Avid cyclist, and Tuscon police officer (off duty) Allen Johnson was killed March 10, 2009 in the afternoon. Read the rest of this entry »

Phoenix Hit-and-runs disturbingly similar

There has been a third fatal hit-and-run in Phoenix, the third within two months — one in June, one in July and one (so far) in August.

Just after midnight this past Saturday,  52 year old cyclist Charles Waldrop was killed by a hit and run driver who witnesses say was driving at a high rate of speed and swerving. Police say an anonymous tip lead to the apprehension and arrest of  23 y.o. Timothy Kissida after he traded (via the “Cash for Clunkers” program) a light blue 1992 BMW 325i w/damage consistent with hit-and-run.  He was booked into the Maricopa County jail and charged with leaving the scene of a fatal collision and tampering with evidence. (KPHO, abc15, azcentral) (CAzBike blog).  Superior Court case number CR2009-152797 ->  CR2009-007394., or search on supremecourt.az.gov

This is disturbingly similar to another incident just 4 weeks ago; also in Phoenix, also in the early morning hours of Saturday, also hit-and-run. In that case, though, police apprehended and was arrested someone soon after the collision. See South Phoenix Hit-and-run for details on that incident.

There was a third nighttime hit-and-run fatality in Phoenix back in June, see Driver confesses to hit-and-run killing

As a note on media coverage; something I normally have complaints about, I have to give credit where it is due — The azcentral.com (and abc15.com carried the same quotes), sourced to police spokesman Sgt. Tommy Thompson was unambiguous: “The cyclist, 52, was riding home from work and was in full compliance with the bicycle laws. He was riding with a bike light and a rear flashing light in the bike lane.” In the June fatality, police said “Police say that Thompson was riding his bike legally”.

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2009 AZ Cyclist Fatality Grid

South Phoenix Hit-and-run

7/11/2009: 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.

2009 AZ Cyclist Fatality Grid

Driver confesses to hit-and-run killing

Marcello  Rojas, 43, the driver of a 2006 BMW was stopped for speeding June 9 ~ 10pm — this is unrelated to the crash. At that time he told police “he hit a guy on a bicycle”. According to police the victim, Billy Ray  Thompson, was riding westbound on Broadway “perfectly legally” which i took to mean, but the story doesn’t elaborate, that he was properly lighted/reflectored. No dui is suspected.

News reports: AZ Rep, ABC15 #1, ABC15 #2

Superior Court Docket, case number CR2009-138233.

This is one of a chain of similar fatal hit-and-runs in Phoenix that occurred in summer of 2009.

2009 AZ Cyclist Fatality Grid

Fatality in Tucson — driver was reportedly “weaving”

[UPDATE June 9, 2009] Well, I have to eat my words, earlier I cynically said the results of the investigation “…should be entertaining. Entertaining to see them [Pima county prosecutors] dance around why they are not bringing a homicide charge”. tusconbikelawyer reports that the driver was indicted for manslaughter (daily star article). That will likely be in addition to hit-and-run charges, which is in itself a serious crime. If found guilty of both, judges tend to make the sentences concurrent. So, kudos to the Pima county justice system, the prosecutor and TPD. I also note this is very speedy, the collision was May 29, that’s under two weeks.

These descriptions would seem to indicate recklessness. A lengthy investigation will undoubtedly ensue, the result of which should be entertaining. Entertaining to see them dance around why they are not bringing a homicide (scroll down to ‘recklessly’) charges.

This has caused an understandable stir in the Tucson bicyling community.

Since the driver left the scene; I’m afraid that will give the prosecutor cover for not filing more serious charges. It’s an “easy out” for them. Read the rest of this entry »