Tag Archives: drifted

Tucson hit-and-run driver kills cyclist; woman arrested

[Update 4/8/2016: the update is there is absolutely no update on the suspect; it’s been over a year and half. Besides the hit and run, FARS has her at .12 BAC]

9/25/2014 12:23am. Hit run. Driver arrested, suspect intoxication. Suspect Nichole Jacinto. Victim 58 y.o. James Frankiewicz. Another news reports says was struck from behind in bike lane. The area appears to have a striped shoulder; it even goes on to be to the right of a RTO lane at Grant.

Location: southbound on Oracle Rd near Jacinto St. (yes, that is a coincidence; the suspect’s name is also Jacinto).

The most-detailed reporting is at bicycletucson.com

Continue reading Tucson hit-and-run driver kills cyclist; woman arrested

SENTENCING: Barrow’s Neurologist killed by hit-and-run Driver

[ Linsk got pulled over and arrested AGAIN after serving his trivial sentence, 12/17/2014: Driving on suspended license: TR2014159525000, East Mesa Justice Court , a citation for unsafe lane change (presumably the reason he was pulled over) were dismissed. ] Continue reading SENTENCING: Barrow’s Neurologist killed by hit-and-run Driver

Mesa Police seek driver of white SUV in fatal hit-and-run

[Update: McIver sentenced in August 2014 after pleading guilty last month; short story is 5 years prison for manslaughter plus 4 years probation. All CR2014000974 case minutes (sentencing minute is dated 8/22/2104). Also see Bar Receipts used to Indict… , which is interesting in that the case was proven with circumstantial evidence of drunkeness; though it was obviously not stron enough to seek 2nd degree murder charges, which is routine for drunk drivers who negligently kill someone. Thus the plea deal to manslaughter. Also MCAO issued a press release, sortof unusual.]

[ Update: SUSPECT ARRESTED 8/20/2013 abc15.com “Mesa police Sgt. Tony Landato said 36-year-old Matthew S. McIver is being booked on manslaughter and leaving the scene of a fatal accident” ]

azcentral.com updated 8/14/2013 ~ 1PM Mesa police identified the victim of a fatal hit-and-run collision as Richard B. Welck, 68, who was riding a tricycle when he was apparently struck from behind by an SUV on Tuesday night. Welck was riding east in the 8000 block of East Ray Road at 6:40 p.m. Tuesday when he was struck from behind by the SUV, which also was headed east, according to Mesa police. Sgt. Tony Landato, a police spokesman, said evidence at the scene suggests that the SUV is possibly a white 2003-2005 Saturn Vue. Landato said police made an “exhaustive’’ check of the area but were unable to locate the SUV. Police are asking the public for help in identifying the vehicle and the driver. Anyone with information is asked to call police at (480) 644-2211.

The area where Welck was killed by the driver has a particularly wide designated bike lane; this is tagged “drifted”.

myfoxphoenix.com: more info at this news story. The victim was a 68 year old male. He was riding an adult tricycle blue in color. 
IF YOU COME ACROSS THE SUV, call the Mesa Police at (480) 644-2211 or by calling Silent Witness at (480) WITNESS, you can remain anonymous

azcentral.com: Police say a bicyclist in his mid-60s was killed Tuesday night (8/13/2013) in a hit-and-run collision in Mesa. Mesa police Sgt. Tony Landato said police are looking for a white SUV with front-end damage, possibly a Saturn Vue, in connection with the incident near Sossoman and Ray roads…

I’m adding the circumstantial tag, this is a bit of a twist, it’s about how they got him to plead guilty to manslaughter, using video surveillance of bars he had been at, and receipts. rather than direct proof (e.g. field sobriety tests, blood test, etc):

Craig Penrod, a veteran East Valley attorney who represents defendants accused of driving under the influence, said there have been past attempts by police to reconstruct the actions of defendants but he has not heard of police using an estimated blood alcohol content level in the past.

“You would need a lot of details to reconstruct a BAC without any sort of chemical test,’’ Penrod said. “It sounds pretty far-fetched to me.’’

“I have never heard of them putting together a BAC based on circumstantial evidence,’’ he said.

Phoenix police, however, were able to obtain enough evidence to arrest two defendants who also are accused of fleeing the scene after they struck and killed victims. Witnesses, a surveillance video obtained from a liquor store, cell phone records and physical evidence eventually linked Jesus Cabrera Molina to the May 19 death of Officer Daryl Raetz, who was processing a DUI case at 51st and Cambridge avenues when he was run down. Cabrera also was accused of manslaughter and leaving the scene of a fatality.

Christopher Chevalier was accused of the same charges, plus tampering with evidence, in the March 5 death of Anna Blaze, who was struck by an Alfa Romeo while she walked on a sidewalk with a friend at Northern Avenue and 11th Street.

Bad weekend in Scottsdale

Adot Incident 2609053 Update / FINAL on cyclist McCarty death: azcentral.com  The motorist who killed Shawn McCarty was fined a total of $420 (and the case is apparently closed; though they didn’t explicitly say that, in other words, the prosecutor declined any criminal charges). Regardless, It would appear that $420 is the “normal” fine schedule that anyone would pay. That would mean that the enhanced fine for 28-735 (section B) was exactly ZERO. How can that be? Would a judge or magistrate actually make that decision, or it is some sort of court “bug”?
§28-735B: “If a person violates this section and the violation results in a collision causing… Death to another person, the violater is subject to a civil penalty of up to one thousand dollars”. Here’s another one from a different jurisdiction, Green Valley, from a couple of years ago, again, as far as i see there was no enhanced penalty.
There are a series of stories by blogger Ray Stern of the PhoenixNewTimes; amy_alexander_case_of_killed_bpolice_reportPays $420 fineInattention Cops Say. In particular, the police report offers no explanation other than “inattention”; and a claim by police that cell phone use was not involved  ]

Ped fatality Saturday, Cyclist fatality Sunday

(3/10 and 3/11). A handful of interesting points: each driver was cited within a day or two of the incident. In the case of the pedestrian mowed down in a crosswalk, the driver was also cited for 28-672 (causing death by violation) which is a criminal (albeit a minor misdemeanor) charge. In the case of the cyclist, according to blogs.phoenixnewtimes.com the driver was cited for violating the 3-foot rule (28-735) and driving in a bike lane (28-815D) [this can be looked up on the Scottsdale muni court: it is TR-2012006430 and the fine was $210 for each — the city apparently didn’t bother with the enhanced penalty for death, 735B]. The police aren’t letting on why the driver so distracted that she was driving in the bike lane (and yes, it’s a real, full-fledged, designated bike lane), other than to say the investigation is continuing. As I pointed out in double-jeopardy-and-flawed-logic it’s unusual (around Arizona) to issue any citations until the close of investigation and getting the go-ahead from a county prosecutor — apparently Scottsdale does things differently.

It is gratifying to see Scottsdale issuing the 28-672 charge when appropriate… I have no way to check this but it seems way under-utilized. In the end, though, it may be little more than a slap on the wrist, see e.g. this case where it seems to have merely amounted to a $200 fine — hardly a behavior-changing penalty. Last month, Scottsdale also charged a driver making a bad left with 28-672 which resulted in the death of a boy riding legally in the crosswalk (a la Maxwell v. Gossett).

Pedestrian: Judith May, 69 / driver: Frederick Matschull, 72; Case TR-2012006196

Cyclist: Shawn McCarty, 53 / driver: Amy Alexander, 40; Case TR-2012006430.

lookup Scottsdale Municipal Court records by case number at scottsdaleaz.gov.

Continue reading Bad weekend in Scottsdale

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.

Here is a google maps street view of N Desert Bell Drive. It appears to be a full-up bike lane; albeit with “old” bike lane signs and the diamond markings. the street view when I checked it in March of 2012 was dated April 2008, so I don’t know if it’s been updated with the new MUTCD 2003 signs/markings.

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.