Another hit-and-run; this time Mesa

A cyclist was seriously injured by a hit-and-run driver in Mesa in the early-evening timeframe. Monday Aug 24, 2009.  Police arrested Benito Gil-Mendoza, 31,  on suspicion of aggravated assault and hit-and-run.

The azcentral story says the collision was 6:30p. Sunset that day in Phoenix is 7:03p. No mention of lights was made in either of the news stories.

How will this one play out? After all, three hours is a long time. The suspect will likely deny he was drunk at the time.

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. According to case minutes from 04/08/2010 “The parties anticipate that this matter will resolve prior to Trial.”

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

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

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

The Case

Superior Court Docket, case number CR2009-138233. According to the minute entry on 2/9/2010 Rojas plead guilty to hit-and-run w/death and was sentenced to 7 weeks in county jail with credit for 52 days already served (which i take to mean, he’s done with jail already); and a year probation.

According to the minute entry that went over the plea deal; apparently by pleading he got 28-661 knocked down to a class 3 felony (leaving the scene of a fatality that was not his fault. Versus a class 2 if it was his fault). Then, for whatever reason, for the purposes of sentencing this is considered a “non dangerous” offense. Which I guess is why it comes with such a piddly sentence.

2009 AZ Cyclist Fatality Grid

Rumsey guilty of manslaughter

Glenda Rumsey was found guilty of manslaughter in the death of Tucson teenager Jose Rincon. This is fairly unusual, as juries rarely go for the higher degree murder charge, and instead usually opt for the less-serious Negligent Homicide (see here for a roundup of types of murder). Like many drunk drivers, she also tried to run. Read the rest of this entry »

Mesa boy injured in hit-and-run; driver gets 6 years

This is one of those “it’s hard to know what do with some people”. She’s out there driving around on a suspended license, presumably for previous mis-deeds involving driving. (she has at least one prior dui)

These often make me wonder about sentencing, the prison sentence stems from the aggravated DUI. It would seem to me that 3 years of “probation” for the hit-and-run has no effect at all, because she’ll ostensibly be sitting in prison longer than that. Or isn’t that how it works?

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Ex-state employee gets 6 years in hit-run

by Jim Walsh – Oct. 6, 2008 03:02 PM
The Arizona Republic

A former state employee who struck a 3-year-old Mesa boy in a hit-and-run collision in April was sentenced to six years in prison by a court commissioner.

Heather Mariah Grace Funk, 29, pleaded guilty to aggravated driving while under the influence of intoxicating liquor or drugs and leaving the scene of an injury accident.

The prison sentence stems from the aggravated driving charge. She was placed on probation for three years for leaving the scene of the accident, according to court records.

The boy was riding a tricycle on a sidewalk in the 3100 block of East Cicero Street when he was struck by a red Chevrolet pickup while crossing a driveway, police said. The boy survived. Police believed Funk was under the influence of methamphetamine at the time.

Funk was driving while her license was suspended and had a history of drug arrests. She had been hired by the state as a maintenance worker after her release from prison on another conviction for aggravated driving under the influence.

Mejia guilty of neg hom and hit-and-run in death of Walmsley

This is remarkable only in that the county attorney sought homicide charges…

Republic: Avondale man sentenced in fatal hit-and-run 06-17 news story by Brent Whiting
An 18-year-old Avondale man has been sentenced to three years in prison for killing a cyclist in a hit-and-run traffic crash.
Victor Manuel Mejia, who pleaded guilty to charges of negligent homicide and leaving the scene of a serious injury accident, also was placed on a five-year probationary term. The sentence was handed down Friday in Maricopa County Superior Court after relatives of Mejia and the victim, Bob Walmsley, were offered a chance to address the judge. Walmsley, 65, of Sun City West, was killed April 9, 2007, while he and other cyclists were pedaling on 99th Avenue in the Southwest Valley, south of Interstate 10 near Southern Avenue. Sheriff’s investigators said he was hit by the driver of a pickup truck who was traveling north on 99th Avenue and was trying to pass another vehicle. They said the driver fled after striking Walmsley.

Arizona Superior Court Docket CR2007-006287, Warrant to search the large 2007 pickup truck involved.