Attorney for teenager who ran over 6 cyclists outside Houston speaks out

[mahatmakanejeeves]

Hat tip, Jalopnik

Attorney For Teen Who Hit Six Cyclists While Trying to Roll Says Cops Have An Excuse For Failing To Arrest Him

The teenager's legal counsel claims there was no criminal intent.

By José Rodríguez Jr.
Yesterday 9:11AM

The attorney representing the teenager who hit six cyclists with a pickup while trying to “roll coal” has shared a statement as to why Waller Police didn’t arrest the 16-year old. The attorney, Rick DeToto, claims the teenager is a “new and inexperienced driver,” who had no criminal intent when he ran over the cyclists.

The following is the full statement DeToto gave the Houston Chronicle on Wednesday:

{snip}

TRANSPORTATION

Attorney for teenager who ran over 6 cyclists outside Houston speaks out

Police questioned and released the young driver without charges.

Jay R. Jordan
Sep. 29, 2021

The attorney for a 16-year-old who ran over six cyclists as they trained outside Houston claims the teenager is a "new and inexperienced" driver who had no criminal intent, despite witness accounts saying he was harassing the group of bikers with a modified pickup immediately before the collision.

Reached by phone Wednesday, the teen's family referred questions to Houston attorney Rick DeToto, who responded via text:

"My client is a young man in high school with college aspirations. He’s a very new and inexperienced driver. This was a serious accident but did not involve any criminal intent. He immediately called 911, helped with the injured and cooperated with police. The family prays for the speedy recovery of the riders involved and we look forward to cooperating with investigators."

The teen, who was not officially identified due to his status as a minor, was driving a Ford Super Duty pickup along Old Highway 290 in Waller Saturday morning when he allegedly attempted to "roll coal" onto a group of eight cyclists sharing the roadway. "Rolling coal" is a popular term among drivers who make often-illegal modifications to their vehicle's emissions regulator. These mods generate thick, black exhaust clouds that are often used to harass pedestrians, motorists and others on the road.

In this case, instead of blowing smoke on the cyclists, the teen motorist accelerated into the group, police and a witness said. Four were hospitalized, two of which had to be airlifted to a Houston hospital because of the severity of their injuries.

{snip}

What do you think of the case? Let me know on Twitter: @jayrjordan

Written By
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Jay R. Jordan writes about how we get around Houston, among other topics like the environment and hot takes on complimentary bread.

[Walleye]

1. Irresponsible 16-year-old driving a killer machine. And he knew damn well what he was doing.

He is only now regretting the consequences and lying to his parents. I’m sure he brags about it to his buddies

[LizBeth]

2. He is a boy not a man. young or otherwise. His parents knew what he did to his truck so the

environment he was raised in. And I am sorry for those injured.

[Archetypist]

3. bbbut he had college aspirations!

Never mind the six cyclists who also have aspirations

[redstatebluegirl]

6. Bbbut he's a white Bubba.

[snowybirdie]

4. I certainly hope

the cyclists sue the hell out of this family's insurance carrier and anyone else they can. There must be ramifications for this misbehavior.

[QED]

5. Affluenza strikes again.

Reminds me of the swimmer accused of rape who got off because he had a promising future. This is just bullshit.

[Paladin]

7. Send the kid to jail, take all of his family's money and possessions.

That's all I need to make me happy regarding this matter.

[Ritabert]

8. Since he's a "minor" sue his parents

....for injuries caused by their truck.

[NH Ethylene]

9. Vehicular manslaughter doesn't involve intent.

The fact that nobody died seems to be just luck.

I don't believe in 'throwing the book' at a kid when he does something stupid, but in this case, he was committing a minor hate crime (smoke from the truck) when this 'unintentional' aggravated assault took place.

He should face some legal consequences for this, such as a year in a juvenile detention center, as well as community service that requires him to help people, such as these bicyclists who he hates.

Citing his plans for college is abhorrent. Every kid his age has plans for the future. College plans should not be held higher than other types of plans.

Finally, whatever punishment this boy gets should be afforded to every other 16-year-old in the same boat, regardless of color or nationality.

[Hoyt]

10. Bet he is charged at some point. And mom and dad will be paying attorney bills for civil suits and

criminal charges for years. The lawyers will rack up.

As a former cyclist who has run into my share of road rubes, the jerk deserves what he gets.

[Journeyman]

11. I expect no less from his attorney. What will the DA say about this little schmuck? . . .

That's the only thing that matters. His attorney is paid to say anything and everything that might get his client off. It's idiotic to get upset at what he does.

Waller County District Attorney Elton Mathis, through a Facebook post and interviews with TV reporters, hinted that the teen could face charges ranging from misdemeanor assault to felony aggravated assault with a deadly weapon. Ultimately, grand jurors will decide if charges will be filed, he told ABC13's Steve Campion.

What the DA decides is all that truly matters at this moment.

[msongs]

12. why is a DA posting about the case on facebook. should be illegal nt

[Journeyman]

13. You would think so, especially as a police report hasn't been submitted yet . . .

All he's doing is wildly speculating on what the news media has reported.

[flotsam2]

14. Was it modified in a repair facility?

If so it can be expensive: "The fine is split between $90,000 (which is to go to Davis County) and $761,451 (to be paid to the federal government)."

https://carbuzz.com/news/diesel-brothers-hit-with-huge-fine-for-rollin-coal

[TexasTowelie]

15. We see the driver's intent:

In this case, instead of blowing smoke on the cyclists, the teen motorist accelerated into the group, police and a witness said. Four were hospitalized, two of which had to be airlifted to a Houston hospital because of the severity of their injuries.

A cautious driver does not accelerate when they are surrounded by other traffic, particularly bicyclists and pedestrians.

At minimum, his driving privileges should be suspended until he is 18.

[LetMyPeopleVote]

16. Special prosecutor assigned to case of 6 cyclists who were hit by teen driver, lawyers say

Link to tweet

WALLER COUNTY, Texas — The attorneys for the cyclists hit by a truck in Waller County said a special prosecutor has been assigned to the case by the Waller County District Attorney.

The case garnered national attention after the teenage driver who allegedly hit the cyclists on Sept. 25, was let go without being charged or ticketed, even though witnesses said the teen had been “rolling coal” on the cyclists before the crash.


The cyclists were training for Ironman Texas at the time. Their lawyers, Bike Law Texas' Charlie Thomas of Huber Thomas & Marcelle, LLP and Bike Law's founding attorney Peter Wilborn Law, LLC, said the teen had been antagonizing the cyclists leading up to the collision. All six were taken to the hospital; two by helicopter and two by ambulance.

Bike Law said its clients' injuries include traumatic brain injuries, spinal injuries and broken bones.

On their website, Bike Law alleges the officer who responded to the scene never questioned the victims at the scene and point to bias because of who the teen’s family is, writing in part, “[the] driver’s family connections in Waller are a legitimate reason for concern.”

[LetMyPeopleVote]

17. PRESS RELEASE FROM BIKE LAW'S NATIONAL DIRECTOR RACHAEL MANEY

I was not aware that there is a bike law national organization. I have three partners who avid bikers but was not aware of this group

Link to tweet

Bike Law Texas’ Charlie Thomas of Huber Thomas & Marcelle, LLP and Bike Law’s founding attorney Peter Wilborn of Wilborn Law, LLC were retained last Sunday, September, 26, 2021, the day after the multi-victim bicycle crash on Business 290 East in Waller, TX, to lead the civil investigation and represent all 6 of the cyclists who were almost killed while on a training ride for Ironman Texas exactly one week ago today.

Our 6 clients are suffering from horrible injuries including broken vertebrae, cervical and lumbar spinal injuries, broken collar bones, hands, and wrists- many of which require surgical intervention- as well as multiple traumatic brain injuries, lacerations, soft tissue damage, road rash, and extensive bruising. And those are just the physical injuries.

The driver of the black F-250 that crushed our clients’ bodies and left them and their bikes splashed and scattered across the roadway is a 16 year old Waller, Texas male. Through our own investigation, we’ve learned his name, his address, the names of his parents, aunts, uncles, grandparents, neighbors and family friends. We know the names of the businesses owned and operated by the driver’s family. We know where he was earlier in the day, prior to crashing into our clients while they were more than 70 miles into their USAT tri-club training ride. We know the identity of his passenger (a local 17 year old male from a neighboring town) and a pretty good idea about the role he may have played in causing the crash that sent ALL of our clients to the hospital; 2 by Life Flight, 2 by ambulance, 2 by personal transport. (Texas licensing provisions allow for licensed drivers between the ages of 16-17 to lawfully operate a motor vehicle with no more than 1 non-family member passenger who is under the age of 21 at a time.)

The driver’s family’s connections in Waller are a legitimate reason for concern, but I know that Charlie and Peter are very well versed in handling the challenges that nepotism can create. ....

The backdrop of the Waller Bike Crash is one riddled with anti-bike bias. Charlie knows all too well as he has recent experiences with judges there, one who actually lamented to him that Waller, TX “doesn’t like [our] kind.” Charlie has formerly represented several cyclists who were targeted and ticketed by Waller police over the last couple of years. He went to Texas A&M in College Station to race bicycles and he has a law office in Houston. He has been a dogged legal advocate (alongside Bike Law Texas’ partner BikeHouston) for the changes needed to make cycling safer both locally and on a state-wide scale. This advocacy includes exposing and fighting against those who choose to selectively enforce the law for only a select few.....

We also know that this was no “accident” caused by a “new and inexperienced” driver as his criminal defense attorney would like people to believe. Rick DeToto, who has been retained to represent the teenage driver, went so far as to say that this event “did not involve any criminal intent.” After 23 years of representing bicyclists and bike crash victims, we know that when there is no real defense to proffer, turning a perpetrator into a victim is the only limp “defense” that exists. ....

Elton Mathis, the Waller County elected DA, is now in charge of the criminal investigation into the Waller Bike Crash. He’s assigned a Special Prosecutor for this case, Warren Diepraam, who does not reside in (nor is he from) Waller County. He was handpicked because of his investigative and prosecutorial work across multiple Texas jurisdictions.

Mr. Diepraam was formerly a prosecutor in Harris and Montgomery counties. While in Harris, he formed the first ever vehicular crimes division in the state of Texas. Additionally, Mr. Mathis and Mr. Diepraam have hired a crash reconstruction engineer to fully investigate and understand what occurred leading up to the 6 bicyclists being struck.

Currently, victim interviews between the prosecutors and our clients are being scheduled. Waller PD did not ask for a single statement from any of them at the scene of the crash or at the hospitals to which they were transported, and all 6 bicyclists were conscious and wanted to participate in the Waller PD led “investigation” at the scene. One witness who was riding behind our clients and the other smaller group of cyclists who were assaulted when the driver coal-rolled them told us that while she was tending to two of the most seriously injured bicyclists, the only thing Officer Charles Mistric said to her (she was not asked to provide a witness statement either, nor was her contact information taken by any Waller PD officer at the scene to provide a statement at a later date or time) was that [the crash victims] would need [his business card] and that the crash report “would take at least 10 days,”as he handed the card to her with the hand-written report number on it.

[LetMyPeopleVote]

18. Waller County bicyclists crash: Special prosecutor considering serious charges

The driver needs to be convicted of some serious charges

Link to tweet

— The special prosecutor assigned to investigate a cycling crash in Waller County said he’s investigating this as a possible 2nd-degree felony, a step up from simple assault.

“A motor vehicle can be a deadly weapon and if you recklessly cause injury to somebody that’s classified as a 2nd-degree felony," said Warren Diepraam, the special prosecutor who says he's dedicated his career to traffic safety prosecution.

Now, he’s asking anyone who might have pictures and video to come forward.

The crash on Saturday spent six cyclists to the hospital. The injuries ranging from traumatic brain and spinal injuries to broken bones.

“Essentially what we’ve heard is there were two other groups of bicyclists that he aggressively passed, pulled in front of and engaged in the exact same conduct."

The allegation being investigated is that the teen driver was rolling coal, creating a cloud of smoke behind his truck — a dangerous situation for cyclists.

[LetMyPeopleVote]

19. Investigation into crash between teen, cyclists in Waller Co. 'not handled appropriately,' DA says

It has taken two weeks but the Waller County District Attorney has acknowledged that this investigation was not handled correctly. This young man needs to be held to account

Link to tweet

HEMPSTEAD, Texas (KTRK) -- More than two weeks after six bicyclists were injured when a 17-year-old driver plowed into the group, the top prosecutor in the county didn't hold back his frustration about the investigation into the incident.

"This case was not handled appropriately by the investigating agency. PERIOD," Waller County District Attorney Elton Mathis wrote in a Facebook post. "Despite being encouraged by the Texas Department of Public Safety to treat the scene as a crime scene and to contact the D.A.'s Office for advice on how to proceed, the investigating agency chose not to do so."

The crash that happened on Sept. 25 on Business 290 involved the cyclists and a 17-year-old driver. Witnesses told ABC13 that just before slamming into the group, the teen driver was trying to agitate the cyclists by blowing exhaust smoke into their path in a practice known as "rolling coal."

The teen was released from the scene after interviewing with investigators, and no arrests have been made in the case.

Officers with the Waller Police Department were on the scene along with Texas DPS and the Waller County Sheriff's Office.

"The actions of the Texas Department of Public Safety on scene were professional and we are thankful they were there to assist. We are also working with the Waller County Sheriff's Office to gather the evidence they are able to provide as they arrived on scene to backup Waller P.D. Sheriff Guidry has been most helpful in this regard."