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?).
The Criminal Case
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.
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.