Tag Archives: cyclist fatality

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. Continue reading Queen Creek hit-and-run; driver arrested

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). According to case minutes from 04/08/2010 “The parties anticipate that this matter will resolve prior to Trial.”. Kissida was ultimately sentenced to 10.5 years in prison.

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”.

Recap of the Criminal Cases

Index to the three, with outcomes, all drivers were caught and were subsequently convicted of various crimes, though the outcome varied quite a bit:

  • June incident: driver worked a plea for simple hit-and-run; very brief sentence. Presumably because there was apparently no impairment.
  • July incident: driver went to a full trial — found guilty of neg hom among other crimes. Was sentenced to 6 year PLUS a consecutive 3.5 years for the hit-and-run (VERY unusual) — this seems to be his “punishment” for going to trial vs. working a plea deal.
  • August incident: driver plead to manslaughter and got 10.5 years. due to plea deal, the hit-and-run he also plead to netted no incarceration.

 

 

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

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

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

From an earlier azcentral story “On May 2, 2007, Mejia was arrested after deputies obtained a search warrant and gathered evidence from a Ford F-350 pickup truck linked to the hit-and-run suspect” .  The article doesn’t mention any allegations of evidence tampering(?).

Arizona Superior Court Docket CR2007-006287,  All case minutes. Here’s the Warrant to search the large 2007 pickup truck involved. Sentencing Minute from 6/17/2008 — I guess fairly standard, the charges are deemed “non-dangerous” and thus you can get a light sentence the negligent homicide is an F4 (class 4 felony; smaller number are more serious). One oddity was the hit-and-run was listed as an F3, whereas it should have been an F2 (because the defendant clearly caused the collision by driving on the wrong side of the road).

There are a lot of case minutes, including a request to be released early from probation, and numerous requests to revoke probation; finally in the 4/18/2014 minute “Defendant admits violation of probation for condition 1” (whatever that is, i can’t find it in the sentencing minute). It doesn’t seem like anything bad happened.

Mejia TR-200701627 speeding 2/28/2007 in Avondale Muni; dismissed w/driving school; a couple of months before he caused the fatal crash.

These cases from 2013/14 seem to have something only to do with the original case’s restituation, not a new criminal beef:  CR2013-462094 and CR2014-110154

 

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Avondale man gets 3 years in cyclist’s hit-run death
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Arizona Republic, The (Phoenix, AZ)-June 20, 2008
Author: Brent Whiting, The Arizona Republic

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 last 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.

He was hit by the driver of a pickup truck who was traveling north on 99th Avenue and was trying to pass another vehicle. The driver fled after striking Walmsley, according to sheriff’s investigators.

On May 2, 2007, Mejia was arrested after deputies obtained a search warrant and gathered evidence from a Ford F-350 pickup truck linked to the hit-and-run suspect.

Walmsley, a cycling enthusiast, moved to Arizona in 2000 after retiring in California as an engineer and computer programmer.

Cleapor Fatality — Mesa police stonewall

The stonewall has broken, and a flood of details that implicate the cyclist as being at fault in the collision have been released in an AZ Republic article published October 13, 2007. Why it took until now, weeks after Mesa police declared there would be no citations issued is baffling. Mesa police spokesman Detective Chris Arvayo could have (and in my opinion, should have) either released these explanations sooner, or simply stated the investigation was ongoing. He either said, or left the impression that the case was closed without saying why. Continue reading Cleapor Fatality — Mesa police stonewall

Pecos Death Trap?

UPDATE SEP 22,2010: AFN reports that that there was an injury wreck at 32nd and Pecos resulting from a “bad left”. The 17 y.o. EB driver turned left into the path of the WB driver, who was injured “seriously but not life threatening”. Bad lefts were the cause of both a 2003 fatality and a 2007 very serious injuries; both of those were at 40th and Pecos. Continue reading Pecos Death Trap?