Bicycle Repair Day
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John Anczarski
John Anczarski, 19, had ridden his bicycle, along with three friends, all the way from Ringtown PA to NM Highway 124, about 40 miles west of Albuquerque. This group, called Pink Pedal, was riding to raise money for breast cancer research. On June 21, 2010 Gilbert Waconda was driving this stretch of road at the same time, but looking for off to the opposite side of the road, when he crashed into Anczarski.
John’s parents, after flying to Albuquerque from Pennsylvania, took him off life support the next day, holding him as he succumbed to his injuries.
In a letter dated September 29, 2011, describing why Waconda would not be charged in the case, U. S. Attorney Kenneth Gonzales told Anczarski’s parents:
Under applicable federal criminal law, sustain a conviction for involuntary manslaughter, prosecutors must establish, beyond a reasonable doubt that a subject was reckless. Under controlling law, mere negligence or carelessness is insufficient to meet this burden of proof. Applying these legal standards to the facts established by the investigation, my Assistants and I have concluded that, although the evidence indicates that Mr. Waconda may have been inattentive of may have failed to keep a proper lookout, it was insufficient to prove beyond a reasonable doubt that Mr. Waconda’s conduct rose to the level of recklessness.
The handling of this case has raised concerns not just here in New Mexico.
John’s Aunt and Uncle visited the bike in 2011
Matt Trujillo
Matthew Trujillo died on May 26, 2011 from injuries sustained on May 12, 2011. The motor vehicle driver in this case, Memori Hardwick, 20, crashed into Trujillo, 36, while running a red light, but more importantly was found to be under the influence of drugs. This combination of circumstances has led to a Grand Jury indictment on the charge of “Homicide by Vehicle (DUI).”
Due to Memori’s history with drugs, including outstanding charges, she chose to plead guilty to the charges of vehicluar homicide and leaving the scene. She was sentenced on September 7, 2012 before District Judge Ross Sanchez. She received a sentence of six years for the vehicluar homicide which will be served concurently with an 18 month sentence for posession of a controlled substance. An additional three year sentence was imposed for leaving the scene of an accident that resulted in great bodily harm or death. Hopefully a period of inpatient treatment at Delancey Street (a rehabilitation center) during the subsquent parole period will allow Memori to improve her life and avoid further drug use.
Santa Fe New Mexican Op-Ed
Santa Fe New Mexican
LOOKING IN:
MAKE DRIVERS MORE ACCOUNTABLE FOR BIKE-CAR ACCIDENTS
Jennifer Buntz
Published: December 27, 2011
Sept. 7, 2007, saw James Quinn and his wife, Ashley, out for a bicycle ride from Albuquerque toward Tijeras on old Route 66. They were on the shoulder, well out of the traffic lane, another group of cyclists just behind them. Angela Browning, 19, was driving in the same direction when she struck the couple, killing James, 28, and injuring Ashley.
Apparently Browning saw the group behind the Quinns, moving left to pass them, but did not see James and Ashley. In her written statement to Bernalillo County sheriff’s officers, Browning said, “I was going about 60 mph and swerved off the road. I didn’t even see him.” Browning was found guilty of careless driving and failure to maintain the lane, paying $310 in fines and $213 in court costs.
As participants in the Sept. 26, 2009, Tour de Ruidoso bicycle ride, John and Liz Mazzola, 59 and 56 at the time of this crash, were lawfully riding their tandem northbound on N.M. 48, part of the tour route. Phillip Berryhill, 56, was southbound on N.M. 48, getting ready to make a left, when he collided with the tandem riders. The Mazzolas were both severely injured in this crash with John spending 17 days fighting for his life in intensive care at University Hospital. John and Liz will struggle every day just to accomplish normal tasks because of the injuries they sustained.
Berryhill was cited with “failure to yield,” but the $71 in fines was deferred, so that by not being cited for any additional traffic violations in the next 90 days, Berryhill paid nothing.
Think about it for a moment. What is the life of a wife or husband, child or parent worth? What value do we place on our own lives?
On Sept. 22, 2011, David Chavez, 43, was riding a motorcycle westbound on Candelaria Road NE in Albuquerque. Isaac Wright, 69, wanted to make a left turn onto Candelaria from Stanford. For reasons unknown, he pulled out directly in front of Chavez, who, although he braked hard, hit the side of Wright’s Hyundai, flew through the air and crashed to his death.
A similar crash claimed the life of bicyclist Dan Montoya, 53, on May 12. In this instance, Montoya, riding lawfully on the shoulder of eastbound Tramway Boulevard, was struck by a westbound car. Bruce Wickensburg, 78, also for unknown reasons, crossed the center line, veered onto the shoulder and killed Montoya.
Although both of these cases are being pursued by the Bernalillo County District Attorney’s Office, the greatest possible penalty these two drivers face for taking a life is up to a $300 fine, 90 days of probation or jail time, or both, pending a “careless driving” conviction. Why? Under current New Mexico law, the charge of “homicide by vehicle” doesn’t apply. If a victim suffers severe bodily injury or death and the driver who caused the crash was driving in a “reckless” manner or intoxicated, then the charge applies. “Homicide by vehicle” is not applicable under current New Mexico law when the circumstances of the crash are “careless” rather than “reckless.”
There are examples of states where the laws have been amended to address crashes that result in death or great bodily harm, but were not the result of “reckless” driving. Colorado legislation enacted in 2010, Careless Driving Resulting in Death, increased the number of points added to a driver’s license from four to 12 upon conviction, which is enough for drivers’ license revocation. Traffic code in Montana also has a special provision for enhanced punishment options when careless driving results in death or serious bodily injury, upping the maximum fine from $100 to $5,000 and possible jail time not to exceed six months, or both.
Add to this the release on Dec. 13, a recommendation from the National Traffic Safety Board to ban all cellphone use, even hands-free, by drivers across the country, and you start to get a picture of the national trend toward holding drivers more accountable. We invite all road users to join us in challenging New Mexico to step-up and protect all of us now, on the forefront of this movement rather than ignoring the issue and again coming up at the bottom of yet another list.
Consult dukecitywheelmen.org to see what you can do to move this careless driving penalty initiative forward.
Jennifer Buntz is president, Duke City Wheelmen Foundation in Albuquerque.
Heather Reu
Heather Reu, 42, together with her husband Phil, parented four beautiful adopted children, ages three through seven. She was an active member of her church, supporter of many charitable endeavors and a ready volunteer worker for many causes. She was also a triathlete and frequently did her bicycle training near their house on Albuquerque’s west side. On June 23, 2009 she was out for just such a training ride, proceeding lawfully, northbound on Paseo del Volcan. A vehicle driven by Daniel Gomez-Rubio, 40, struck her from behind. Heather died at the scene.
Gomez-Rubio attempted to flee the scene, but witnesses stopped him from leaving and he was arrested. Bernalillo County Sheriff’s Sgt. Brian Lindley said, “The tire of the vehicle Gomez was driving briefly left the roadway moments before he struck Reu.
Gomez-Rubio told investigators he “looked down to pick up his cell phone, which had fallen to the seat.”
Because Gomez-Rubio was not found to be under the influence of drugs or alcohol (DUI), the only other charge available under current New Mexico law that would have addressed Heather Reu’s death was Vehicular Homicide (Reckless). However the Grand Jury did not find that Gomez-Rubio’s actions met the definition of “reckless driving.” The most severe charge against Gomez-Rubio was for leaving the scene of a crash that caused great bodily harm or death. There were three additional misdemeanor charges, careless driving, possession of drug paraphernalia and driving with a suspended or revoked license.
Gomez-Rubio was eventually found guilty of leaving the scene of a crash that caused great bodily harm or death while the other charges were suspended in an agreement. The three year jail term of his sentence was reduced to 18 months, with another 18 months of supervised probation
Gomez-Rubio was not penalized for the actions that led to the death of Heather Reu.
If he had not fled the scene, his penalties would probably not have included jail time. 
This is exactly the type of case for which we want better legal redress; cases where a road user is left dead or suffers great bodily harm at the hand of another road user who’s actions reflect “careless driving” (66-8-114) rather than “reckless driving” (66-8-113).
James Quinn
September 7, 2007 was a very nice fall day in the Albuquerque area. James Quinn and his wife Ashley were riding their bicycles from Albuquerque east towards Tijeras on old Route 66. The couple had recently moved to Albuquerque for James, 28, to start classes at UNM’s School of Law. They were on the shoulder, well out of the traffic lane, with another group of cyclists just behind them.
Angela Browning, 19, driving a 2001 Mitsubishi passenger car was headed in the same direction when she struck the couple, killing James and injuring Ashley. Apparently Browning saw the group behind the Quinns, moving left to pass them, but in a statement to police she indicated she had not seen James and Ashley. In her written statement to Bernalillo County Sheriff’s officers Browning said “I was going about 60 mph and swerved off the road. I didn’t even see him.”
Browning was found guilty of careless driving and failing to maintain the lane, paying $310 dollars in fines and $213 in other court costs.
