No Decision On Charges In Fatal Hit And Run

Written by Boston Biker on Aug 28

 

Investigators have not decided yet whether to charge the driver they believe struck and killed a bicyclist in Wellesley last week.
No Decision On Charges Yet For Driver In Fatal Wellesley Bike Crash

But sources told WBZ-TV’s I-Team Monday that they are looking very closely at his history.

Alexander Motsenigos, 41, of Wellesley was riding his bike on Weston Road around 2 p.m. Friday when he was hit by a truck.

The truck did not stop and Motsenigos later died.

Police announced Sunday that they had found the truck and the person they believe was driving it at the time of the crash.

Sources told the I-Team they have interviewed the driver, described as a man between 40-and-50 years old with a commercial driver’s license.

His name has not been released, but he was driving the truck for his company at the time of the accident.

When asked why no charges have been filed at this point, sources said the case is ‘very complicated.’ (via)

What the fuck, seriously. This is not ‘very complicated’, this is plane and simple. Why hasn’t this person been charged with a crime? If I ran into the street and beat you to death with a baseball bat then ran off it would be a crime, but if I do it with a car its something you have to ponder over? If they think this is the person who killed Alex Motsenigos, they should charge them with vehicular manslaughter.

Fleeing a scene is usually considered an admission of guilt, at the very least it shows the driver wasn’t even paying attention, at the worst it indicated they know they committed a crime and wanted to flee. This is the worst fear of cyclists, that they can literally be run over and killed and the driver will not even be charged with something.

 

EDIT: Wandering Woman On Wheels has done some more great research on this, thanks so much for keeping on top of this.

 

I don’t see anything about the tanker truck driver in Phyo N. Kyaw’s death, but here is an interesting quote from the “Boston Injury Lawyer’s Blog” which indicates not only the driver, but the city (Cambridge) could be liable for the road conditions that forces trucks to make such wide turns.

“…According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company….”

http://www.maximizingprogress.org/2011/12/killed-by-incompetence-latest-mit-death.html

If this is true, it may be safe to assume that in the death of Alexander Motsenigos, not only the driver of the truck, but also the city (Wellesley) could be liable, since the intersection is known to be dangerous, with many accidents and calls for improvements to be made. Note this, from January:

Scary Wellesley intersection — for pedestrians
By bbrown | Published: January 18, 2012
http://theswellesleyreport.com/2012/01/scary-wellesley-intersection-for-pedestrians/

Also, Wellesley police have updated their report to say that it was an 18-wheel dump truck that hit Mr.Motsenigos.

Wellesley police: 18-wheel truck hit cyclist; now seeking more witnesses
By bbrown | Published: August 28, 2012
http://theswellesleyreport.com/2012/08/wellesley-police-seek-more-help-to-find-cycling-accident-witnesses/

and

UPDATED JOINT RELEASE OF THE WELLESLEY POLICE DEPARTMENT AND NORFOLK COUNTY DISTRICT ATTORNEY’S OFFICE
http://www.wellesleypolice.com/index.cfm?cdid=11491&pid=10237

I think we need to be patient. Of course we are outraged and distressed. But we have to wait until more information comes to light.

In the meantime, anyone wishing to pay their respects at the service or funeral, send flowers, make a donation or light a candle in his memory can visit this site:

http://www.faggas.com/book-of-memories/1323778/Motsenigos-Alexander/index.php

My heart goes out to his family, friends and loved ones.


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Posted in news, video | 16 Comments »


16 Responses to “No Decision On Charges In Fatal Hit And Run”

  1. By john on Aug 28, 2012 | Reply

    So if he had, say, been drinking and driving, the driver is better off in Wellesely driving away from the scene of the accident? Since, at least in Wellesley, there’s no punishment for hit and run, but there is for DUI?

    I cant believe the police let this murderous coward free.

  2. By Sean on Aug 28, 2012 | Reply

    The only possible mitigating circumstance to vehicular manslaughter I can see is if the cyclist came down Linden street and made a right on to Weston Road without first stopping.

    If that were the case a driver could be coming over the rail bridge, which is blind, and not have time to react as a cyclist comes out of Linden.

    If the cyclist did not come down Linden but had also come over the bridge on Weston road then I can see absolutely no excuse.

    I also agree that leaving the scene of the accident is reason enough for someone to be arrested and charged, and I will be watching closely to see if the Wellesley police try to quietly sweep this under the rug. Not realizing they’d hit a bike is no excuse: it makes them even more dangerous.

  3. By Anon on Aug 28, 2012 | Reply

    I know you’re as sad as I am about the loss of Alex. Please be patient. WPD is working so hard on this case and they are going by the book to ensure that justice is served. I can’t share any more but trust me on this.

  4. By Kevin N. on Aug 28, 2012 | Reply

    Agreed. We need to be a bit more patient. At least they have the idiot who did this, it would be worse if they were still searching for the POS. Anon, I hope you are right. Justice needs to be served and it must be swift. Can’t even imagine what his family must be going through.

  5. By mtalinm on Aug 28, 2012 | Reply

    I’m inclined to believe Anon. castigating the police for not making a snap judgment is not smart

  6. By Wandering_Woman_On_Wheels on Aug 29, 2012 | Reply

    I find it strange that they found the vehicle, a red and black landscaping truck, spoke to the company and the driver, and yet as of Tuesday, after all this, the are still trying to find witnesses and piece together the facts before arresting or charging the person who pretty obviously ran over and dragged a human being, and kept going. While I agree, (WTF?) I can only hope that a careful and thorough investigation is underway, and that it was just a terrible accident. (But how can you possibly not know you ran something/someone over?). OK we’ll be patient, but the entire biking community is unnerved not only by the tragic event, but also by the lack of clarity as to what is going on here.

    Wellesley police seek more help to find cycling accident witnesses
    By bbrown | Published: August 28, 2012
    http://theswellesleyreport.com/2012/08/wellesley-police-seek-more-help-to-find-cycling-accident-witnesses/

    and stream of articles:
    http://theswellesleyreport.com/

  7. By gear on Aug 29, 2012 | Reply

    Believe it or not there was a time (not too long ago) when attacking ones spouse was treated differently than attacking a stranger. Fortunately those laws have changed. But killing someone with a car is still treated differently than killing someone with a gun. I believe it’s time our society takes a second look at the laws covering vehicular homicide.

  8. By MITGear on Aug 29, 2012 | Reply

    Speaking of tragic accidents were charges filed against the driver that was involved in the death of the MIT student at Vassar/Mass Ave in Jan 2012?

  9. By Wandering_Woman_On_Wheels on Aug 29, 2012 | Reply

    I don’t see anything about the tanker truck driver in Phyo N. Kyaw’s death, but here is an interesting quote from the “Boston Injury Lawyer’s Blog” which indicates not only the driver, but the city (Cambridge) could be liable for the road conditions that forces trucks to make such wide turns.

    “…According to Cambridge police, there have been 27 traffic crashes at the intersection of Massachusetts Avenue and Vassar Street since the beginning of 2010. If there is a road condition or the intersection as poorly designed so that there really is a higher risk of a motor vehicle crash happening there, then Kyaw’s family may have grounds for a Cambridge personal injury lawsuit.

    Meantime, state police are trying to determine whether charges should be filed in Kyaw’s death. If the trucker acted negligently in any way to cause the Cambridge bicycle accident, he/she could be held liable. If the truck driver was working for an employer at the time of the collision, then there also may be a case filed against that company….”

    http://www.maximizingprogress.org/2011/12/killed-by-incompetence-latest-mit-death.html

    If this is true, it may be safe to assume that in the death of Alexander Motsenigos, not only the driver of the truck, but also the city (Wellesley) could be liable, since the intersection is known to be dangerous, with many accidents and calls for improvements to be made. Note this, from January:

    Scary Wellesley intersection — for pedestrians
    By bbrown | Published: January 18, 2012
    http://theswellesleyreport.com/2012/01/scary-wellesley-intersection-for-pedestrians/

    Also, Wellesley police have updated their report to say that it was an 18-wheel dump truck that hit Mr.Motsenigos.

    Wellesley police: 18-wheel truck hit cyclist; now seeking more witnesses
    By bbrown | Published: August 28, 2012
    http://theswellesleyreport.com/2012/08/wellesley-police-seek-more-help-to-find-cycling-accident-witnesses/

    and

    UPDATED JOINT RELEASE OF THE WELLESLEY POLICE DEPARTMENT AND NORFOLK COUNTY DISTRICT ATTORNEY’S OFFICE
    http://www.wellesleypolice.com/index.cfm?cdid=11491&pid=10237

    I think we need to be patient. Of course we are outraged and distressed. But we have to wait until more information comes to light.

    In the meantime, anyone wishing to pay their respects at the service or funeral, send flowers, make a donation or light a candle in his memory can visit this site:

    http://www.faggas.com/book-of-memories/1323778/Motsenigos-Alexander/index.php

    My heart goes out to his family, friends and loved ones.

  10. By dfern on Sep 6, 2012 | Reply

    Any updates?

  11. By Tom Guerriero on Sep 10, 2012 | Reply

    Isnt leaving the scene of a serious accident involving damage and injury against the law? This charge should have been placed as soon as the driver was found.
    Who is protecting this driver/company?

  12. By Mark on Sep 19, 2012 | Reply

    Concerning Kyaw’s death, the accident report is attached to a MIT Tech article. The driver was not charged. Facts: It is impossible for a tanker truck to turn this narrowed corner between two truck routes without crossing over into another lane. A slip lane and “pork chop” pedestrian island is what national standards call for. Cambridge prefers making corners too tight instead. It was dark and rainy, after moon-set or a nearly new moon. The Bank of America ATM kiosk is pretty bright and floor reflections would be shining up into the truck driver’s eyes and from a similar angle where Kyaw was struck. Kyaw was wearing all dark clothing. Kyaw broke the law by not using a headlight, and was facing towards the truck when hit. His bike was found in a high gear indicating he was most likely in motion at the time of the accident. His bag contained swim trunks and goggles. There is a pool on Vassar on the opposite side of Mass Ave. No useful video was found. Kyaw’s path of travel is unknown, though John Allen had theories on his blog.

  13. By Tombug on Sep 20, 2012 | Reply

    Today is September twentieth, when is the WPD going to charge this hit and run, murdering bastard?

  14. By Sean on Sep 22, 2012 | Reply

    I agree we need to hear more from WPD. The message to drivers of large vehicles is that in Wellesley you can mow down and kill a cyclist and chances are there are no consequences.

  15. By toma on Mar 20, 2013 | Reply

    Lots of bike folks from Wellesley and beyond showed up at the town’s recent public meeting to improve ped & bike safety. It was encouraging to hear the DPW talking about Complete Streets and bike design standards. Hearing concerns from many people about not knowing the bike and motorist laws was telling; fortunately, the town had those details in their presentation. It was a good first step, and hopefully will help make Wellesley into a more bike-friendly community.

    Here are links to two local articles on the meeting:

    Wellesley Selectmen Looking at Bike Safety
    http://wellesley.patch.com/articles/wellesley-selectmen-looking-at-bike-safety

    Wellesley hearing draws impassioned pleas from cycling safety enthusiasts, Motsenigos family
    http://theswellesleyreport.com/2013/03/wellesley-hearing-draws-impassioned-pleas-from-cycling-safety-enthusiasts-motsenigos-family/

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