Defense pushing plea deal in cyclist hit-and-run case
Samuel Abate is attending classes at the UA and playing music again. The accused driver is trying to cut a deal with the prosecution.
The woman accused of hitting, seriously injuring a cyclist, then fleeing and trying to cover it up remains behind bars more than a year after the crash took place.
William Abate, the father of Samuel Abate, who was struck in May of last year while riding on Swan Road said lawyers for Abigail Allin are trying to force the prosecution to honor a plea agreement they struck with her before pulling it off the table when the family found out about it.
Abate said the prosecution offered Allin a deal that would have reduced the charges to a low-level felony as opposed to the more serious felony of leaving a crash with a serious injury and tampering with evidence.
Abate said the prosecution consulted with Sam, but did not consult with the rest of the family and William said Sam was not in a position to fully understand the outcome of the decisions. Once the family found out about the deal they spoke to the media and pressured the prosecution to remove the plea deal, which they did.
The trial was set for May 1, 2012, but lawyers for Allin filed a motion asking the original plea be reinstated. The judge ruled in her favor, but then immediately recused himself from the case.
Abigail A. Allin is accused of hitting Abate, fleeing the scene and trying to cover up the crash.
Abate said the prosecution has filed an appeal, which will be heard on July 3. Abate is hopeful the ruling will be overturned so that the case can go to trial.
As for Sam, Abate says he is doing well and is playing music and attending school at the University of Arizona.
“Today, Sam is doing much better. The long-term effects of this will remain unknown for a long time,” William wrote. “As far as neurological deficits, Sam is doing well. We are certain that he will have some Arthritic issues later in life, and we do not have a real prognosis for the scarring and discoloration of his skin. He is playing music again and going to school. Sam has never been involved with this woman’s prosecution and has remained focused on putting this terrible event behind him, and putting all of his energy into his recovery. When I have asked him about his thoughts about the perpetrator, he simply replies that, ‘I don’t think about her.'”
William is grateful for all the people that have helped his family since the crash, including raising $3,000 to put toward the “monumental” medical bills. Allin was driving with a suspended license and did not have insurance.
“Given all that has occurred, we are grateful for Sam’s recovery, we hope that justice will prevail in a meaningful way, and as the dust finally settles perhaps I can start a foundation to help my son and others like him realize some type of reparation for their pain, suffering, and hard work that so many must overcome because of the absolute disregard of others,” he wrote.
Read the previous updates about Abate here.