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, 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.

15 thoughts on “Queen Creek hit-and-run; driver arrested”

  1. 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]

  2. 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]

  3. 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

  4. 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.

  5. 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.

  6. to bla bla , sounds like u were one of the other riders that nite, giving several statements cause u still cant remember

  7. 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

  8. 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)!

  9. I’m happy to report that Mr. Foshee was convicted on 3 counts yesterday, all with aggravating circumstances. He was convicted of vehicular manslaughter for killing Russell and for Dangerous Endangerment for almost killing the other 2 bicyclists. It took less than 3 hours to reach their guilty verdicts and less than 30 minutes to add the aggravating circumstances. The bottom line is that he was a drunk. He had a recently prior DUI. That night, he was drinking at a bar where he was “cut off.” They called him a taxi but he refused the $10 taxi ride home from the bar that fatal night (despite having several hundred dollars in his pocket). He crossed over the centerline of the roadway and hit Russell and then attempted to flee the scene without rendering any aide. Foshee got what he deserved. Sentencing is March 23rd.

  10. What you said is true about Gary he was found guilty but only cause people lied on the stand against him he will get a fair trial just wait and see if he crossed the center line to hit the bicycle then why were they riding in the middle of the road anyone could have hit them being that they weren’t riding where they should have been

  11. JS is clueless. Several drugs? Where do you get your facts? Russell rode his bike because that is what he loved to do. He had a jeep. And they had a car available that night. They chose bikes because that’s what he preferred. The only one lying at the trial was the lawyer for the defense. And truth is there was NO defense! They had nothing! The facts are the FACTS!! It’s easy to blame someone who is no longer here to defend themselves. The truth came out in the end. He was convicted. You cant deny that! Asking for a plea bargain 3 times, to me is an admission to guilt! He is now where he belongs. Riding a bike at 2am is NOT illegal. Drinking and driving is!! Finally Justice for Russell!! RIP Russ.

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