2/18/2021 One bicyclist was killed and another injured and taken to hospital when a driver “veered” into a BL along Legacy Blvd, near scottsdale Road, Scottsdale (here’s a sample google street view of the area; location not exact).
If any/all more serious criminal matters are ruled out; Scottsdale police should be aware the driver should be charged with 28-672 because a driver who fails to keep proper lane resulting in death/serious injury is liable for that charge.
I mention this because Scottsdale has a history of not bringing this charge, for example Shawn McCarty was killed in Scottsdale 3/11/2012 when a driver drifted over the stripe and killed him. The driver was only cited for a civil traffic ticket and fined $420, no 28-672 charge was brought. 28-672 is NOT a serious crime, rather, it gives a judge the option of bringing meaningful corrective action to the driver’s dangerous behaviors including license suspension and even (theoretically) some jail time.
The more-recent case of an SUV driver drifting over the fog line and killing a bicyclist, 48 y.o. Miodrag Milovanovic is apparently still open.
Scottsdale police have identified a bicyclist who was killed Thursday as Ann Theil, 75…. Theil and another cyclist were riding in a bike lane on Legacy Boulevard near Scottsdale Road when a 21-year-old driver veered into the lane and struck them, according to Scottsdale police…
The SPD Dept Report number is 21-03335. After speaking with SPD records who told me the report was available, ordered a copy on 3/23, and received it online on 3/31; Scottsdale’s current system is very efficient, and reasonably (well, i guess that’s relative; in some ways it doesn’t cost them anything. Someone needs to redact it but I would imagine that only need be done once) priced at a flat $5 for an electronically delivered copy.
Crash time: 08:37AM. Sunrise on Feb 18th: 07:08am
Driver: CURRlER, MADISON GRACE
Victims: Stephen Thiel (injured), Ann Thiel (killed)
Crash Location is listed as 612feet west of 98th St on E Legacy Blvd; approx here. All were eastbound. This is just east of where legacy bends and becomes 4 lanes (plus bikelanes).
The departmental report lists four citations/charges:
These are all “city” charges (not county); so next steps would be up the Scottsdale City Attorney’s office. As of this writing (3/31) the driver’s name does not yield any results on either Scottsdale’s or Arizona’s case lookup.
The surviving victim’s, who suffered relatively minor injuries, interview:
I then talked to the male victim identified as Stephen Theil. He told me that he was eastbound on Legacy on his bicycle with his wife. They were single file in the bike lane and his wife was in front of him. Then all the sudden he said he got hit by the vehicle and was thrown off his bicycle into the some bushes.
Here is what the driver’s description:
when asked to describe the events of the collision, [the driver] stated that her memory was spotty, but she was negotiating the curve on legacy BL 9600 block and was making her way back into the EB Lanes when she observed the two bicyclists riding in the bike lane. [The driver] stated that she noticed them and consciously realize that she needed to be careful. As she was negotiating the right left curve in the Road Madison said that her vision was stifled by the glare from The morning Sun catching her glasses, and she put up her hand to attempt to block it the next thing the driver recalled was a bicycle over her Hood and the windshield shattering
It does not seem plausible that sun glare to have been a contributing factor, at 1.5 hours after sunrise, and indeed the crash report does not list any contributing factors.
The driver was asked and denied any cell phone use, and voluntarily consented to turn over the phone to police which conducted a forensic analysis which turned up no user activity in the timeframe of the crash.
The crash report has a diagram which I’m not sure about, it is apparently a drone image but I can’t see any of the reference points (e.g. point of impact, scrape marks, etc); they are enumerated in a table. Here’s a copy of that image, there’s a tiny red dot (I added the grey free-hand circle) which is probably the point of (first) impact.
The disposition of the criminal case is unknown — the likely outcome is the Scottsdale City Attorney’s office declined to file charges; as was the case in the Milovanovic fatality, mentioned above. This would be despite the physical evidence, along with the (surviving victim) witness who said the victim(s) were riding in the bike lane; meaning the driver must have “failed to maintain proper lane”.
It would appear she in addition to not being charged , was not cited in the incident.
The driver had one more recent infraction, Oct 2022 ticket #PR-2022047059 school zone speeding ticket in Scottsdale.