The Portland Police Bureau (PPB) has made its decision on whether or not to issue traffic citations in the October fatalities of Tracey Sparling and Brett Jarolimek.
Rinker Cement Company truck driver Timothy Wiles has been issued a citation for violation of ORS 811.050, “Failure to yield to rider on bicycle lane,” in the October 11th crash that took the life of Tracey Sparling.
Wiles’ offense is a Class B traffic violation and comes with a $242 fine. (Incidentally, since the crash, Wiles has moved out of state and no longer drives a truck).
In the October 22nd collision that killed Brett Jarolimek, the Police Bureau has decided to not issue a citation to AGG Enterprises garbage truck driver Bryan Lowes.
In both cases, the Multnomah County District Attorney’s office did not find evidence to prosecute the drivers for criminal homicide. (Learn more about the DA’s findings here and here.)
Read more coverage of the decision at the Oregonian Breaking News Blog.
Here is the full text of a press release announcing the decision that was sent out by the PPB’s Public Information Officer Brian Schmautz,
“Investigators from the Portland Police Bureau Major Crash Team have completed their investigations in the October 11, 2007, collision that caused the death of 19-year-old Tracey Sparling at Southwest 14th Avenue and West Burnside and the October 22, 2007, collision that caused the death of 32-year-old Brett Jarolimek at North Interstate Avenue and North Greeley Street. Both investigations were submitted to the Multnomah County District Attorney’s Office to review for potential criminal prosecution and both were declined.
The investigations into both tragic collisions included a thorough and complete examination of all physical evidence and witness statements. Both drivers cooperated fully with the investigation and there was no evidence of drug or alcohol impairment, careless or reckless driving behavior, equipment violations or driver status violations. The last remaining question is for the investigator to determine if the driver of the vehicles involved in the collisions failed to yield the right of way to the bicyclists who died in the collisions.
From evidence obtained during the reconstruction, investigators concluded it was appropriate to issue a citation for Failure to Yield the Right of Way to the truck driver, Timothy Wiles, who was driving the vehicle involved in the collision that caused the death of Ms. Sparling.
Based on the totality of evidence obtained during the reconstruction, the investigator has made the decision that it is not appropriate to issue a citation for Failure to Yield the Right of Way to the driver involved in the collision which caused the death of Mr. Jarolimek.
The investigative reports in both fatal collisions are public records and available through the Portland Police Bureau Records Division. “