Tag Archives: drifted

Tag “drifted” means a motorist leaves a general purpose travel lane and strikes a bicyclist from behind, typically either in a bike lane or shoulder
Also see tag, strike-from-behind which is wher a motorist strikes a bicyclist from behind in the same general-purpose travel lane (not a bike lane, or shoulder), excludes unlit/unreflectored bicyclists; tag strike-from-behind-unlit

Arizona already has a “Vulnerable User Law”

Executive Summary

Arizona already has a law that functions very much like a “Vulnerable User Law“, it is applicable in virtually all cases where a driver causes a collision resulting in a pedestrian serious injury/fatality; and in many cases where the victim is a bicyclist.

 

[ UPDATE: in 2018 the legislature increase penalities for the law referenced below; see 28-672, 675 & 676 ]

On March 3, 2012 bicyclist Sean Mccarty was riding in a bike lane in north Scottsdale when a motorist for unknown or unstated reasons swerved or drifted partially from Lane 2 into the bike lane, striking and killing the bicyclist. Possible criminal actions on the part of the driver such as excessive speed, or impairment were quickly ruled out by investigators, and the motorist was very quickly issued two traffic citations, 28-735 (the “three foot” rule) and another for 28-815D (driving in a bike lane prohibited); and paid a fine of $420 [1]. Very similar situations occurred in the fatal collisions of both Allen Johnson in Pima County, and Jerome Featherman in Green Valley. Continue reading Arizona already has a “Vulnerable User Law”

Tuscon Bicyclist seriously injured; Driver Flees

Troy Gosnell -- photo: Tucson PD
Troy Gosnell — photo: Tucson PD

A Tucson bicyclist was struck from behind and seriously injured 2/14/2016 ~3PM; the driver fled the scene. Both were N/B on S Craycroft Rd near E 25th Street, Tucson. The cyclist was said to have been riding in a bike lane. He was also said to have not been wearing a helmet (no word on whether or not a helmet might have prevented the broken ribs, but I digress).

The suspect was located with the help of some surveillance photos; indicating that Tuscon PD invested significant resources into the investigation.  Continue reading Tuscon Bicyclist seriously injured; Driver Flees

Phoenix bicyclist killed in nighttime hit and run

names not yet released. 8/13/2015 ~ 1AM. Near 51st Ave near Southern Ave in Phoenix. Both driver and bicyclist were southbound.

Suspect vehicle is a white chrysler minivan with heavy passenger-side damage has been located and police have spoken with the registered owner. KPHO Continue reading Phoenix bicyclist killed in nighttime hit and run

Mesa woman killed in bike lane

Never made the newspapers / news reports, or at least not that I can find by googling!?? What’s become of our traditional news media? Did Mesa police keep this info to themselves?

according to sources on 12/14/2014 Helen Brandes-Weeks 66/F was killed by an apparently inattentive driver who struck her from behind in the bike lane on Ellsworth northbound between Elliot and Guadalupe… near Harvest Community Church [google maps] Continue reading Mesa woman killed in bike lane

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

Tucson police: Driver who killed bicyclist was high

Wed June 18,2014 (i think, the news story ran Thursday) ~ 6a. Victim: Kris Lee Chambers, 38. Suspect: Gerardo Luna Cazares, 25. Speedway just west of N Main, Tucson. Both westbound (rear-end); there is a bike lane in this area; in other words, it wasn’t as though it was a misjudgment of passing room. Continue reading Tucson police: Driver who killed bicyclist was high

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). 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

Police tend to pay too much attention to the 3-foot law and not enough to Failure to keep proper lane, which would trigger a 28-672 charge; which should have been charged in this incident, according to the description of the collision, the motorist drifted between lanes  ]

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