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Driver who hit pro cyclists gets 7 days in jail

Rodney-KinkadeThe driver who hit a professional cycling team in Tucson last February has been sentenced to seven days in jail and two years probation.

Rodney Kinkade, Jr. plead guilty to two counts of endangerment for crashing into two cyclists who were participating in a training camp for the Jamis-Hagnes Berman cycling team on Feb. 22, 2013.

Tyler Wren and Todd Herriot were riding at the front of the pack when according to reports and court documents, Kinkade drove next to the group, began cursing at them and telling them to get off the road. After yelling at the cyclists he struck Herriott who crashed into Wren causing them both to fall.

In one court document,  Kinkade and his attorney argued the cyclists were riding outside the shoulder and more than two abreast when he struck the cyclists.

According to a court document Kinkade said he heard a thump on his car and saw the cyclists on the ground in his rearview mirror, but didn’t think they were seriously hurt so he didn’t stop.

Police testified that there were markings on Kinkade’s car that were consistent with the height of Herriott’s handlebars.

Kinkade was originally charged with two counts of assault with a deadly weapon and one count of criminal damage, all three a felony. The plea is a significant reduction from the felony charges.

He is currently listed as a prisoner in the Pima County Jail serving his seven day sentence.

Kinkade is being sued by Tyler Wren and Todd Herriott, the two cyclists who were at the front of the pack when Kinkade hit them.

A jury trial in the civil case has been set for July 17.

Read the archived posts about the incident here.

Editor’s note: I am waiting on a call/email from Tyler Wren and will update the story when we connect. 

67 comments
bonica
bonica

Only 7 days for an INTENTIONAL hit and run?!?! So shameful. I wish the cyclists the best in their recovery and lawsuit!

TweetBails
TweetBails

@beztweets met police have said someone arrested on sus of GBH after hitting a PCSO with his car. They CAN do it here, they just don't

flintsky801
flintsky801

How much money did he give to the judge's re-election campaign?

StanPalla
StanPalla

@bikinginla road rage against another automobile would be dealt with more severely.

Veloflite
Veloflite

I hope I meet good old Rodney on the road sometime. But for now I hope good old Rodney meets big bad Bubba in jail and has a private interaction with him. What a footing douche.

SkippyMcCarthy
SkippyMcCarthy

This may not solve ALL the issues , but it is about time that CYCLISTS WorldWide , got together and USED their Numbers , to get Politicians , to DO THEIR JOB !


https://www.facebook.com/pages/Vision-ZERO-Worldwide


" COWARD PASS ( hit & run ) deserves " Confiscation of Vehicle PLUS Jail Time "!




The following comments are seen WorldWide  REPEATEDLY :


 " Attempted first degree murder. gets 7 days?"


 " 7 days for a hit & run? Hope cyclists get huge punitive damage award in civil suit!!!


 " Might as well have run over a garbage can, not a cycling team.."


 " Kinkade said he heard a thump on his car and saw the cyclists on the ground in his rearview mirror, but didn’t think they were seriously hurt so he didn’t stop."   DID HE DRIVE TO THE COP SHOP ? NO !!


ACTION is NEEDED , UCI /IOC should be looking out for Cyclists , since they rely on THEIR Annual Fees ?


Rondo2
Rondo2

@lennardzinn saw this. Might as well have run over a garbage can, not a cycling team...

DonSoula
DonSoula

@lennardzinn Aren't those cyclists going to file civil lawsuits? Criminal case is one thing, a civil case taking all his assets is another.

oldsbike
oldsbike

More of us cyclist need to wear cameras and document more of these aggressions and then pursue the FELONS through the courts..

Dhadd
Dhadd

I work in the Justice System in Cali, and all I can see here is prosecutor laziness. The DA on the case felt they had a weak case (why idk , but im sure we dont have all the facts) and they didn't want to risk a loss, OR, they didnt want to engage the resources and risk that would have been necessary to possibly achieve the win. This is why DISTRICT ATTORNEYS are ELECTED! Looks like this Arizona county is ready for a new DA who will respect the citizens and who wants to protect them!

Fitness3
Fitness3

Ride single file cyclists. It would save you a lot grief.  I stopped riding this year because I got sick and tired of being accused of being a part of the arrogant groups who take up the whole road.  For some cyclists its as if it were their private velodrome.


suzannepotts
suzannepotts

@pjrabice Scary & sad. Not a ride goes by that I don't get honked at or "waved" at & it's not because they know me. He ran them DOWN!

JamesWebster
JamesWebster

I can only hope karma steps in and does a number on  Rodney Kinkade, Jr. 

Stewart99
Stewart99

Attempted first degree murder. gets 7 days?

CORiverRat
CORiverRat

Tucson has thousands of cyclists who come down there each winter, or should I say HAD thousands.  I hope every single one of us boycotts your community for allowing this guy to get away with his crime with nothing but a slap on the wrist.  

JeffreyKoontzx
JeffreyKoontzx

@Pflax1 assuming district attorney is elected official, cyclists need to get him out of office.

Big_MacCx
Big_MacCx

Awesome, attempted murder is now a civil infraction!!!  If he waved a gun and fired it... there would be outrage!!!

beztweets
beztweets

@bikinginla Yeah, so I see. It's the recognition of a car as a "deadly weapon" that's the interesting bit for me.

friend
friend

@sluggh So he didn't even serve 7 days. What kind of justice is that.

eldub
eldub

@Fitness3 Any cyclist with any smarts knows to take the lane if it is unsafe for cars to pass you - otherwise they will squeeze you and push come to shove they will run you over to avoid a head on collision with an oncoming car.  The law requires cyclists to ride as far to the right as safe - if it is not safe for cars to pass me I will block the lane every time!

oldsbike
oldsbike

@Fitness3 It really is not an issue, to try to injure or kill someone because their drive is delayed a couple of minutes... It NEVER should be OK to hurt someone other than in defense of yourself, or others...  Even if the cyclist were out in the middle of the road does not make it OK to try and KILL them.. 





Fitness3IsAnIdiot
Fitness3IsAnIdiot

@Fitness3 There is no way riding single file is safer than riding 2 abreast like the law allows. Ride single file and you might appear courteous, but I'll come to your funeral when that texting driver tries to squeeze by you in the same lane. If you're alone, you have the right to take up as much of the lane as "predicable" (sp?). And taking up the lane enough so cars from a distance will know that they will have to either "check up" before they get to you, or switch lanes to pass. Do as Fitness3 says and have a very short life. Don't follow ANY law that puts your life in danger. Change it! 

Goodgulf
Goodgulf

@Fitness3- There are only 2 state where non-single file riding is required by law.  In AZ it is permitted with no prohibition on impeding traffic, as is the case in about half the states.

In no state is it legal to assault another person with your vehicle for any crime, either real or imagined.

titfortat
titfortat

@CORiverRat Just like every cyclist in country should boycott CO for the slap on the wrist Erzinger got when he hit & run Steven Milo...

oldsbike
oldsbike

@Big_MacCx You know many sates now allow Licenses for the carrying of hand guns... The public might want to remember that next time they try to hit someone with their vehicle!!!

beztweets
beztweets

@TweetBails … but the interesting thing (IMO) about the charge in the US is the explicit description of a car as a "deadly weapon".

abmccaa
abmccaa

@oldsbike @Big_MacCx I'm one of those. I carry a small 38. You try and run me over and I will "be in fear for my life, therefore I reacted to preserve my life because of that fear".

TweetBails
TweetBails

@beztweets stuff like brake testing is deliberate, should be treated as assault/gbh/abh. No "deadly weapon" charge in the UK though.