On April 26, 2015, a wife and mother, was riding her bicycle on a quiet country road in McLeod County, Minnesota, when she was hit and killed by a car. Yesterday, the county attorney, Michael Junge, charged that driver with the following:
- Criminal Vehicular Homicide Resulting in Death, a felony under Minnesota Statutes, Section 609.2112.1(1). The maximum sentence is 10 years in prison and/or a $20,000 fine. The charge reads as follows: “On or about April 26, 2015, in McLeod County, Minnesota, Defendant drove in a grossly negligent manner, causing the death of Penny Verdeck.”
- Careless Driving, a misdemeanor under Minn. Statutes, Section 169.13.2. The maximum sentence is 90 days in jail and/or a $1000 fine. The charge reads as follows: “On or about April 26, 2015, in McLeod County, Minnesota, Defendant operated a motor vehicle carelessly or heedlessly in disregard of the rights of others, or in a manner that endangered or was likely to endanger any property or person, including the driver or passengers of the vehicle.”
- Unlawful Use of Wireless Communications Device While Driving, a misdemeanor under Minn. Stat., Sec. 169.475.2. The maximum sentence is 90 days in jail and/or a $1000 fine. The charge reads as follows: “On or about April 26, 2015, in McLeod County, Minnesota, Defendant operated a motor vehicle while reading an electronic message when the vehicle was in motion or a part of traffic.”
“As an avid cyclist, I am pleased to see that the McLeod County attorney is pursuing a felony charge. We need everyone to get the message that this is not acceptable behavior. We all owe a duty of care to our fellow motorists, pedestrians, and cyclists.”
The Complaint
The Complaint filed by the county attorney provided the following facts:
“On April 26, 2015, at approximately 3:58 p.m., a crash occurred on McLeod County Road 3, just was of Hennepin Avenue in McLeod County, Minnesota, wherein the above named defendant [Givens] was driving a motor vehicle eastbound when she struck a bicyclist who was riding a bicycle in the eastbound lane of traffic. As a result, the bicyclist was killed. A statement was taken from the defendant.”
Givens admitted she was driving the car that struck the bicyclist and that she failed to see her on the bicycle, according to the Complaint.
Givens statement to Deputy Chad LaPlante after the accident that she was not using her phone is inconsistent with the digital evidence:
“An examination of the defendant’s cell phone was conducted by Shawn Hughes, a digital forensic specialist with the Minnesota Bureau of Criminal Apprehension, revealed that the defendant called 9-1-1 to report the accident at 3:57:59 p.m. The examination of the defendant’s cell phone further indicated that the defendant received two text messages at 3:45:50 pm and opened the text messages at 3:57:13 p.m. The weather and road conditions were excellent at the date and time of the crash. The visibility was ideal. In the statement taken from the defendant by Deputy Chad LaPlante, the defendant denied that she was on her phone at or before the time of the crash. Based on the foregoing, your affiant believes the defendant was grossly negligent in her driving of her motor vehicle because of the fact that shw was on her cell phone reading text messages at or very near the time of the crash.”
Let us hope that justice will be done and many more will get the message that one should never text while driving. We would also like to remind drivers to look for bicyclists.
Source:
1. The Complaint filed against Emily Givens in Minnesota District Court, 1st Judicial District, a copy of which is embedded in an article on the StarTribune website: http://www.startribune.com/driver-in-fatal-glencoe-crash-with-bicylist-charged-with-vehicular-homicide-for-texting-and-driving/322120391/. This Complaint was filed in criminal court and is not a civil action, which is a separate proceeding under Minnesota wrongful death laws that seeks compensation for the family.