Metropolitan Police Department WACIIS Investigative Supplement Report

Number MCIU08-37/14 Report Date

12/18/2008

Number Date

Type Of Report Description Ocourence Date Detective Backup Officer CCN Number

MCIU08-37/14 12118/2008

P0854 INVESTIGATIVE REPORT FINAL OVERVIEW MEMO 12/18/2008

08/094.196

~!_~u. __

I.) SUMMARY:

ON TUESDAY, JULY 8, 2008 AT APPROXIMATELY 0738 HOURS THE DeCEDENT, ALICE SWANSON, WAS OPERATING Ai Reo FREE SPIRIT TEN SPEeo BICYCLE IN THE ROADWAY WESTBOUND ON R STREET N.W. AT THE INTERSECTION OF 20TH STREET AND R STREET N.W., THE BICYCLE COLLIDED WITH A 2007 INTERNATIONAL TRASH TRUCK BEARING VIRGINIA REGISTRATION KMG 41 THAT WAS ATTEMPTING TO EXECUTE A RIGHT TURN FROM

IweSTBOUND R STREET ONTO NORTHBOUND 20TH STREET N.W. AS A RESULT OF THE COLLISION, THE DECEDENT,

WAS THROWN FROM HER BICYCLE THE DECEDENT SUCCUMBED

:TO HER INJURIES AND WAS PRONOUNCED DEAD AT THE GEORGE WASHINGTON UNIVERSITY HOSPITAL AT 0800

:HOURS BY OF THE HOSPITAL STAFF.

II.) INVESTIGATION: a.) THE SCENE:

ON THE DAY OF THE COLLISION, THE TEMPERATURE WAS APPROXIMATELY 73 DEGREES FARENHelT ON A MOSTLY CLOUDLESS DAY. THERE WERE NO ADVERSE WEATHER CONDITIONS EXPERIENCED BY EITHER DRIVER THAT WOULD HAVE AFFECTED THE OPERATION OF THEIR VEHICLES.

THE COl.LlSION OCCURRED ON A WEEKDAY MORNING DURING RUSH HOUR. URn STREET IS A HIGHLY TRAVELED, FOUR LANE ROADWAY THAT RUNS EAST TO WEST. THE ROADWAY IS ONE WAY WITH ONE MAIN TRAVEL. LANE FOR VEHICULAR TRAFFIC, A PARKING LANE ON BOTH THE NORTH AND SOUTH SIDES OF THE STREET AND A SMALLER BICYCLE LANE THAT IS POSITION TO THE RIGHT OF THE LANE UTILIZED f"OR VEHICULAR TRAVEL AND ADJACENT TO THE NORTH SIDE PARKING LANE. THE INTERSECTION OF URn STREET AND 20TH STREET IS

• CONTROL.LED BY TWO STANDING TRAFFIC SIGNAL POLES THAT WERE OPERATING CORRECTLY AT THE TIME OF THE COLLISION. BOTH TRAFFIC SIGNALS WERE POSITION SO AS TO PRESENT A CLEAR AND UNOBSTRUCTED VIEW OF THE SIGNAL liGHT PHASE.

PRELIMINARILY, THE POLICE REPORr (PO 10) INDICATED THAT THE OPERATOR OF THE BICYCLE (THE DECEDENT) HAD BEEN STRUCK BY THE FRONT PORIION OF THE TRASH TRUCK. IN ADDITION, THE REPORT INDICATED THAT THE BICYCLIST WAS TRAVELING IN THE MARKED BICYCLE LANE AT THE TIME OF THE CRASH. SUBSEQUENT INVESTIGATION REVEALED THAT THE BICYCLE STRUCK THE MOVING TRASH TRUCK ON THE PASSENGER SIDE NEAR THE PASSENGER DOOR. THE AREA OF IMPACT BETWEEN THE BICYCLE AND THE TRASH TRUCK OCCURRED IN AN AREA THAT WOULD BE SOUTH OF THE EXTENDED IMAGINARY LINES OF THE NORTHEAST CORNER.

b.) DRIVER #1:

THE DECEDENT WAS A 22 YEAR OLD FEMALE WITH NO KNOWN MEDICAL HISTORY. THE DECEDENT HAD RESIDED IN THE AREA FOR SOME TIME AND WAS KNOWN TO BICYCLE TO WORK, WHICH WAS APPROXIMATELY A HALF A MILE AWAY FROM THE CRASH SCENE. AT THE TIME OF THE COLLISION THE DECEDENT WAS WEARING LIGHT COLORED CLOTHING AND FLIP FLOPS FOR FOOTWEAR. THERE WAS NO INDICAIION THAT THE UNUSUAL CHorCE

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Metropolitan Police Department WACIIS Investigative Supplement Report

Supplement Number MCIU08-37f14 Report Date

12/18/2008

~ ~.~_~ ~______ cntinue rom rovioU$ /lge

Of' FOOTWEAR IMPEDED THE DECEDeNT'S ABILITY TO OPERATE THE BICYCLE. A ROUTINE TOXICOLOGY SCREENING PERFORMED AT THE TIME OF THE DECEDENT'S AUTOPSY REVEALED THE PRESENCE OF NO INTOXICATING SUBS,ANCES THAT WOULD HAve IMPAIRED THE SUBJECT'S ABILITY TO OPERATE THE BICYCLE SAFELY.

c.) DRIVER #2:

THE OPERATOR OF THE TRASH TRUCK IS A 46 YEAR OF MALE WITH NO KNOWN MEDICAL CONDITIONS THAT WOUL.D PREVENT HIM FROM OPERATING A COMMERCIAL VEHICLE. AT THE TIME OF THE INITIAL INVESTIGATION, THE DRIVER WAS IN POSSESSION OF A VALID COMMERCIAL DRIVER'S LICENSE ANO A "DOT" MEDICAL 'CERTIFICATE SIGNED BY A DOCTOR WHICH ALLOWED THE DRIVER TO PERFORM THE DUTIES OF A COMMERCIAL VEHICLE OPERATOR. THE DRIVER WAS ADMINISTERED THE STANDARDIZED FIELD SOBRIETY TESTS AND TWO BREATH TESTS BY INTOXILYZER. THE TESTS REVEALED NO INDICATION OF IMPAIRMENT ON THE PART OF THE DRIVER. THE DRIVER PROVIDED A VOLUNTARY STATEMENT IN REGARDS TO THE CRASH. THE STATEMENT PROVIDED BY THE DRIVER AND SUBSEQUENTl. Y CORROBORATED BY EYEWITNESS TESTIMONY AND PHYSICAL

. EVIDENCE WAS AS FOLLOWS. THE DRIVER REPORTED THAT HE STOPPED TO MAKE A PICK UP IN THE 1900 BLOCK ·OF "R" STREET N.W. ON THE SOUTH SIDE OF THE STREET AT THE COSI COFFEE SHOP, THE DRIVER REPORTED

: THAT HE STOPPED IN THE ROADWAY AND ACTIVATED HIS FOUR-WAY FLASHERS. AFTER HIS HELPER HAD EMPTY THE CONTAINER INTO THE TRUCK, THE DRIVER TURNED OFF THE VEHICLE'S FLASHERS AND WAITED IN A LINE OF VEHICLES TO APPROACH THE INTERSECTION OF "R" STREET AND 20TH STREET w«, IN ORDER TO MAKE THE RIGHT HAND TURN TO CONTINUE TO THE NEXT PICK UP WHICH WAS NORTH ON 20TH STREET N.W. THE DRIVER ADVISED THAT HE ACTIVATED THE RIGHT TURN SIGNAL ON HIS VeHICLE. THE DRIVER REPORTED THAT THERE WERE SEVERAL PEDESTRIANS STANDING ON THE NORTHEAST CORNER AND ENCROACHING ON THE ROADWAY .

. HE ADVISED THAT WHEN EXECUTING THE TURN, HE EXERCISED EXTREME CARE IN ORDER TO PREVENT THE REAR TIRES (RIGHT SIDE OF TRUCK) FROM ROLLING OVER THE CURB AND STRIKING THE PEDESTRIANS WAITING TO CROSS THE ROADWAY. THE DRIVER INDICATED THAT HE NEVER SAW THE BICYCLIST APPROACH THE INTERSECTION. AFTER FEELING THE IMPACT, THE DRIVER STOPPED HIS VEHICLE IMMEDIATELY AND GOT OUT OF THE TRUCK. HE WENT AROUND THE VEHICLE TO THE RIGHT SIDE BECAUSE HE ERRONEOUSLY BELIEVED THAT HE HADN'T EXECUTED THE TURN WIDE ENOUGH AND THAT THE REAR TIRE HAO STRUCK ONE OF THE PEOESTRIANS ON THE CORNER.

d.) EYEWITNESS ACCOUN'rS:

THERE WERE APPROXIMATELY ONE DOZEN INDIVIDUALS IDENTIFIED AS WITNESSES IN THIS CASE. MOST OF THESE WITNESSES DID NOT OBSERVE THE COLLISION. THE WITNESSES WHO WERE CLOSEST TO THE SCENE AND PROVIDED THE MOST INFORMATION IN REGARDS TO THE COLLISION WILL BE DISCUSSED BELOW. ONE OF THE WITNESSES IDENTIFIED BELOW DID NOT see THE COLLISION BUT HELPS TO CORROBORATE THE STATeMENT OF ANOTHER WITNESS THAT PLACED HER IN CLOSE PROXIMITY OF THE COLLISION.

i.) WITNESS #1: ..

•••• kWAS ORIGINALLY INTERVIEWED ON THE SCENE. THE SUBSEQUENT RE-INTERVIEW WAS

PERFORMED OVER THE TELEPHONE DUE TO EING GEOGRAPHICALLY UNAVAILABLE.

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REPORTED THAT HE WAS TRAVELING ON FOOT EASTBOUND ON R STREET. ATTHE INTERSECTION

OF R STREET AND 20TH STREET, THE LIGHT TURNED GREEN AND A "WALK' SIGNAL WAS ILLUMINATED FO,..

• & TO PROCeED EASTBOUND. , T W ADVISED THAT HE OBSERVED THE TRASH TRUCK AS IT

.. A.PP.R.O.A.CHED THE INTERSECTION AND WAS POsiTIONED TO MAKE THE RIGHT TURN ONTO 20TH STREET N.W. _ ADVISED THAT THE DRIVER OF THE TRASH TRUCK STOPPED AND ALLOWED HIM TO WALK ACROSS 20TH

STREET IN FRONT OF THE TRUCK. ADVISED THAT THE TRUCK REMAINED STATIONARY UNTIL HE

PASSED THE MIDPOINT OF THE VEHICLE. AT THAT TIME, HE OeSERVED THE BICYCLIST APPROACHING THE TRUCK. AS THE DECEDENT WAS APPROACHING THE REAR OF THE TRUCK, THE TRUCK BEGAN TO EXECUTE THE

RIGHT HAND TURN ONTO 20TH STREET. a ~ • ADVISED THAT PRIOR TO THAT MOMENT HE HAD NOT

OBSERVED THE DECEDENT, I g I AOVISED THA r HE KNEW THE TRUCK WAS MOVING AND AS SOON AS THE BICYCLIST PASSED HIM, HE WAS C RTAIN THAT "SOMETHING BAD WAS ABOUT TO HAPPeN" .••••• ADVISED THAT HE KNEW THE COLLISION WAS GOING TO OCCUR AND BEGAN TO TURN HIS HEAD AROUND WHEN THE COLLISION OCCURRED. THE DECEDENT WAS OBSEVRED

THE TRUCK. ADVISED THAT THE 'TRUCK STOPPED IMMEDIATELY AFTER THe-COLLISION._

..... ADVISED THAT ONE OF THE FEMALES STANDING ON 'THE NORTHEAST CORNER BECAME HYSTERICAL.

SHE ADVISED THE OTHER PEDESTRIANS THAT WERE STANDING NEAR HER THAT SHE WAS A TOURIST AND SHE WASN'T STAYING AROUND.

ii.) WITNESS #2: ..

........ WAS INTERVIEWED ON THE SCENE AT THE TIME OF THE CRASH. A FOLLOW-UP INTERVIEW WAS CONDUCTED WlTH~AT THE COSt COFFE SHOP LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION . ...__.. AGREED TO THE LOCATION SO THAT SHE COULD SHOW THE DETECTIVE THE POSITION OF 'THE pRINCIPLES INVOLVED IN THE COLLISIONS .

....... ADVISED THAT SHE HAD LEFT HER PLACE OF EMPLOYMENT 11.,=

AND WAS IN THE PROCESS OF WALKING TO THE COSI COFFEE SHOP FOR ii ADVlSED

THAT SHE OBSERVED THE TRASH TRUCK STOPPED AT THE TRAFFIC Lf HERE WERE AT

LEAST TWO VEHICLES AND A MOPED IN FRONT OF THE TRASH TRUCK. APPROACHED THE

TWO TREES ADJACENT TO THE NORTHEAST CORNER, HER ATTENTION WAS THE OPERATOR OF THE

. MOPED WHO WAS STARING INTENSELY AT A FEMALE BICYCLIST STOPPED IN THE PARKING LANE ADJACENT TO THE FIRE HYDRANT ON THE NORTH SIDE OF THE STREET, TA'LKING ON A CELLULAR TELEPHONE. S • ADVISED THAT INITIALLY SHE DID NOT ASSOCIATE THIS FEMALE WITH THE CRASH BUT BELIEVED THAT DUE TO TELEVISION REPORTS THAT THIS FEMALE AND THE DECEDENT WERE ONE AND 'THE SAME. SU6SEQUENT .INIIV.E.S.T.'G.A.T.'O.N.D.EIJTERMINEO THAT THE WOMAN WAS NOT 'THE DECEDENT BUT ANOTHER EYEWITNESS._

.,.. . ADVISED THAT THE LIGHT TURNED GREEN FOR TRAFFIC AND THE VEHICLES

ALL STARTED TO MOVE FORWARD. . a • • ADVISED THAT THE RIGHT TURN SIGNAL. WAS ACTIVATED ON

THE TRUCK AND THE DRIVER WAS OPEMTING HIS VEHICLE IN A REASONABLE AND CAUTIOUS MANNER."

•••• ~ ADVlSED THAT DRIVER APPEARED TO HAVE PULLED OUT INTO THE INTERSECTION AND THEN

MADE A WIDE TURN. '~ELIEVEO THAT THIS WAS TO AVOID STRIKING A VEHICLE PARKED ON 20TH

STREET. ADDITIONALLY, • ADVISED THAT SHE REMEMBERED THAT THE DECEDENT WAS WEARING

FLIP FLOPS AS SHE OPERATED THE ICYCLE. AT ONE POINT AS THE TRUCK WAS TURNING THE CORNER, SHE OBSERVED THE DECEDENT, HEAD DOWN, PEDALLING VERY FAST TOWARDS THE INTERSECTION. SHE WATCHED

AS THE DECEDENT S'TRUCK THE TRUCK AND WAS THEN PULLED UNDER THE TIRE. REPORTED

THAT INITIAU Y AFTER THE COLLISION, THE DECEDENT SEEMED UNAWARE THAT SHE STRUCK THE TRUCK, HER

LEGS KEPT PEOALLING UNTIL THE 61CYCLE LAID DOWN. REPORTE2., THAT THE DECEDENT AND

THE BICYCLE WERE STRUCK BY THE SECOND AXLE RIGHT SIDE TIRE. • £ ADVISED THAT SHE FELT

THAT THE BICYCLIST HAD BEEN AT FAULT FOR THE COLLISION. WHEN ASKED TO IDENTIFY O'THER WITNESSES

ON THE SCENE, RECALLED A HYSTERICAL FEMALE WHO KEPT SHOUTING THAT SHE WAS A

TOURIST ON VACATION. THIS FEMALE WAS STANDING WITH SEVERAL OTHER FEMALES ON TEH NORTHEAST CORNER AT THE TIME OF THE COLLISION.

iii.) WITNESS #3:

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12118/2008

...... WAS INTERVIEWED ON THE SCENE OF THE COLLISION. A FOLlOW·UP INTERVIEW WAS CONDUCTED AT HER PLACE OF EMPLOYMENT .

•••• ADVISED THAT SHE WAS SEATED IN THE OUTSIDE PATIO OF THE COS I COFFEE SHOP AT THE TABLE

DIRECTLY ADJACENT TO THE SIDEWALK AND NEAREST THE SOUTHEAST CORNER. ADVISED THAT

INlTlAll Y SHE HAD BEEN PREOCCUPIED WITH OTHER MATTERS AND HAD NOT BEEN VERY OBSERVANT OF HER SURROUNDINGS. --.010 NOTE THAT THERE HAD BEEN A LARGE NUMBER OF BICYCLISTS ON THE ROADWAY. SHE A~ATTHE TRASH TRUCK PULLED UP AND STOPPED BEF'OREATTCMPTING TO MAKE

THE RIGHT TURN. THERE WERE SEVERAL PEDESTRIANS STANDING ON THE NORTHEAST CORNER ••••• ADVISED THAT SHE FIRST OBSERVED THE DECEDENT STOPPED ALONG SIDE TRAFFIC AND THEN BEGIN TO MOVE FORWARD TOWARDS THE INTERSECTION AND THE STOPPED TRUCK. INITIALLY, THE TRASH TRUCK WAS STOPPED WITH SEVERAL OTHER VEHICLES STOPPED BEHIND IT. AS THE TRUCK BEGAN TO MAKE THE TURN, THE BICYCLIST APPROACHED THE MOVING VEHICLE. • II £ ADVISED THAT SHE THOUGHT THAT THE BICYCLIST HAD "MADE IT" PASSED THE TURNING TRUCK WHEN SHE HEARD THE CRASH. ADVISED THAT THE . TRUCK WAS TRAVELING AT A RELATIVELY SLOW SPEED AND STOPPED IMMEDIATELY AFTER THE COLLISION ...

••• ADVfSI::D THAT SHE OBSERVED A FEMALE BICYCLIST STOPPED ON THE ROADWAY ADJACENT ro THE NORTH SIDE CURB IN THE PARK LANE. ADVISED THAT SHE REMEMBERED THAT THE WOMAN WAS STANDING ALONG SIDE HER BICYCLE BUT COULD NOT ADVISE WHAT SHE WAS DOING. REPORTED THAT AFTER THE CRASH, SEVERAL OFFICERS ARRIVED ON THE SCENE AND REMOVED THE DECEDENT FROM

UNDERNEATH THE TRUCK. BLAMED THE COLLISION ON THE CITY FOR CONSTRUCTING BICYCLE

LANES ALONG SIDE VEHICULAR TRAVEL LANES WITH BOTH VEHICLES OPERATING ON THE SAME GREEN SIGNAl.

iv.) WITNESS #4: £ ....

THE SCENE PRIOR TO BEING QUESTIONED BY THE INITIAL INVESTIGATING OFFICERS,~ DISCOVERED AS A WITNESS WHEN HE CONTACTED THE FAMILY OF THE DWCEDENT TOjXTEND

HIS CONDOLENSES. 71 'VAS CONTAC'fED BY EMAIL B •• WAS

IN BRAZIL AS PART OF R S EMPLOYMENT MAILED A STATEMENT TO

......... 010 NOT ACTUAL OBSERVE THE COLLISION. HIS STATEMENT WAS A SERIES OF IMPRESSIONS

THAT HE GOT FROM THE SCENE RATHER THAN ACTUAL EXPERIENCES. ACCOUNT DOES

HOWEVER MENTION THE PRESENCE OF A WOMAN WHO WAS ON THE NORTH SIDE OF BELIEVED

• 7

THA . I W£E ON T~E ~~~;~~io~~~ ~~~ ~~~E~~~~'IN A POSmON TO OBSERVE THE TRASH TRUCK 'A~g~E

BICYCLIST.

y.) WITNESS #5: .

WAS NOT ON THE SCENE AT THE TIME OF THE WITNESS INTERVIEWS. I . METROPOLITAN POLICE DEPARTMENT, SECOND DISTRICT STATION AND SPOKE TO . WHO TOOK HER STATEMENT OVER THE TELEPHONE .

••••• ADVISED THAT SHE WAS S'fOPPED ON 'fHE CORNER OF 20TH STREET AND R S'fREET N.W.

AWAITING A FRIEND AT THE TIME OF THE COLLISION. SHE AOVISED THAT SHE OBSERVED BOTH THE 'fRUCK AND THE DECEDENT ON HER BICYCLE APPROACH 'fHE INTERSECTION. ADVISED THAT T:.;.HiE.D.E1§.ED.E.N.T.

HAD BEEN TRAVELING IN THE RIGHT LANE ALONG SIDE THE TRUCK LOOKING "STRAIGHT AHEAD"·.d •

AOVISED THAT THE DECEDENT HAD BEEN 'fRA VELING AT A SPEED FAS'fER THAN THAT OF THE 'fRASH TRUCK .

........ ADVSIED THAT THE DEceDENT DIDN'T SLOW AS SHE APPROACHED THE IN'fERSECTION AND HAD

AnEMPTED TO MAKE AN "UNSAFE PASS" ALONG SIDE 'fHE TRUCK. " • ADVISED THAT THE TRUCK

WAS IN THE PROCESS OF TURNING WHEN THE OECEDENT APPROACHED AE TRUCK, THE DRIVER OF THE TRASH TRUCK NEVER HAD A CHANCE TO SEE THE BrCYClIS'f BEFORE THE COLLISION OCCURRED. THE WITNESS BELIEVED THAT THE DECEDENT SAW THE TRUCK TURNING BUT WAS UNABLi: TO EXECUTE ANY EVASIVE

CALLED THE

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WAC/'S Investigative Supplement Report

I~upprement NU~ber MCIU08-37/14 Report Date

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MANUEVER IN TIME TO AVOID THE COLLISION.

vi.] WITNESS #6'

E 'NAS NOT INTERVIEWED ON THE SCENE. HER NAME AND INF'ORMA TION WAS PROVIDED BY THE

ATTORNEY REPRESENTING THE FAMILY OF THE DECEDENT. A COPY OF THE STATEMENT SHE PROVIDED TO THE

ATIORNEY, • WAS FAXED T WAS INTERVIEWED

TElEPHONICALL Y ABOUT THE CRASH WAS ASKED TO CLARIFY SOME OF THE STATEMENTS MADE TO

•••• -.£1" ADVISED THAT SHE WAS WALKING FROM THE METRO STATION LOCATED AT CONNECTICUT AVENUE AND Q §TREET N.W. SHE WAS TRAVELING ON FOOT NORTHBOUND ON CONNECTICUT AVENUE ON THE

EAST SIDE OF THE STREET ADVISED THAT SHE WAS APPROXIMATELY 2 TO 3 BUSINESS

ESTABLISHMENTS AWAY FROM THE COSI COFFEE SHOP WHEN SHE FIRST OBSERVED THE TRASH TRUCK. IN HER

'STATEMENT BELIEVED THAT THE TRASH TRUCK WAS AneMPTING TO MAKE THE TURN AT A

SPEED TOO FAST TO BE SAFE. SHE REPORTED IN HER STATEMENT THAT THE DRIVER WAS LOOKING IN HER DIRECTION AS HE WAS EXECUTING THE TURN. URTHER ADVISED THAT THE DRIVER DIDN'T CALL 911. ADVISED THAT SHE LEFT THE SCENE AND TRAVELED TO HER OFFICE WHERE SHE CALLED THE POLICE TO PROVIDE A STATEMENT.

~~~~;=I~R~E~-I.N~T:ERVIEWE Y TELEPHONE ON FRIDAY, DECEMBER 19, 2008 AT 1842

HOURS. PROVIDED ADDITIONAL INFORMATION THAT WAS NOT IN HER WRITTEN STATEMENT.

THE WITNESS WAS ASKED TO ESTIMATE THE SPEED OF THE TRUC ADVISED THAT SHE

WASN'T GOOD AT SPEED AND DISTANCE BUT KNEW THE TRUCK WAS TRAVELING ABOVE 5 MILES PER HOUR, MS.

4111111 .... ~ WAS ASKED IF SHE EVER OBSERVED A VEHICLE TRAVELING AT 25 MILES PER HOUR AND IF SHE

COULD GAUGE THE SPEED OF THE TRUCK BY THAT BELIEVED THAT 25 MILES PER HOUR

WAS TOO HIGH A SPEED FOR THE TRUCK. HER ESTIMATION OF THE SPEED OF THE TRASH TRUCK WAS BETWEEN

10-20 MILES PER HOUR. IN HER INITIAL STATEMEN REPORTED THAT THE ORNER WAS

. LOOKING AT HER AT THE TIME HE WAS ATTEMPTING TO MAKE THE RIGHT TUR CORRECTED

THE MISCONCEPTION BY EXPLAINING THAT THE DRIVER WAS NOT STARING AT HER OR ANYTHING IN HER GENeRAL DIRECTION. SHE ADVISED THAT SHE WAS SIMPLY STATING THAT THE DRIVER HAD LOOKED IN HER DIRECTION AND IT WAS HER BELIEF THAT HE WAS CHECKING TO INSURE THAT NO VEHICLES WERE

APPROACHING FROM THAT DIRECTION AS HE WAS MAKING THE TUR ADVISED THAT SHE

HADN'T REALIZED THAT THERE HAD BEEN A COLLISION. SHE OBSERVED THE TRUCK STOP SUDDENLY ANO THE DRIVER EXIT THE VEHICLE. THE DRIVER WALKED AROUND THE VEHICLE AS IF HE WAS LOOKING FOR SOMETHING. A WOMAN STANDING AT THE CORNER ADVISED THE DRIVER THAT THE BICYCLIST HAO BEEN STRUCK AND THAT

SHE WAS UNDER THE TRUCK. ADVISED THAT THE DRIVER BECAME HYSTERICAL AND

SCREAMED SEVERAL TIMES FOR SOMEONE TO "CALL AN AMBULANCE" FOR THE VICTIM. LATER, tHE DRIVER

WAS OVERHEARD TALKING IN SPANISH TO SOMEONE ON HIS CELL PHONE .•• ADVISED THAT

SHE BELIEVED THAT THAT CONVERSATION WAS WITH A PERSON FAMILIAR TO THE DRIVER AND NOT A CALL TO

911. HOWEVER I • CONFIRMED THAT BY THAT TIME SHE AND ANOTHER WITNESS HAD ALREADY CAllED

911, ADDITIONAL DISCREPANCIES FOUND I STATEMENT INCLUDED HER BELIEF THAT THE

TRUCK WAS OUT OF CONTROL THOUGH SHE ADMITTED THAT THE DRIVER WAS ABLE TO BRING THE TRUCK TO AN IMMEDIATE STOP ,7£ ADVISED THAT PART OF HER IMPRESSION THAT THE TRUCK WAS OUT OF CONTROL WAS DUE 0 THE WIDE JURN EXECUTED BY THE DRIVER. THE WITNESS DID NOT SEE THE PEDESTRIANS ON THE NORTHEAST CORNER OR THE VEHICLES ON 20TH STREET WHICH PRECIPITATED THE DRIVER'S NEED TO EXECUTE SUCH A TURN. IN ADDITION, SHE ERRONEOUSLY BELIEVED THAT THE TRUCK HAD PARKED ON THE SIDEWALK OR NEXT TO IT, THOUGH THE TRUCK WAS ACTUALLY SEVERAL FEET AWAY. IN ADDITION, THE TRASH TRUCK EXECUTED THE TURN AND CAME TO A STOP WITHOUT STRIKING ANY OF THE

VEHICLES PARKED ON 20TH STREET? [ • ADVISED THAT SHE DIDN'T sse ANY OF THE PARKED

VEHICLES, EVEN AFTER SHE APPROA~HED THE TRUCK IMMEDIATELY AFTER THE COLLISION. THE WITNESS ADMmED THAT SHE DID NOT SEE THE TRASH TRUCK STOP AT THE I NTERSECTION PRIOR TO ATTEMPTING TO E;XECUTE THE TURN. SHE ALSO DID NOT seE THE DRIVER OF THE TRASH TRUCK STOP AND YIE.~':!O"_:___._ ......

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, THE PEDESTRIAN WALKING EASTBOUND ON R STREET N.W. AND WHO PASSED THE TRUCK IN THE

ROADWA Vi DID NOT OBSERVE ANY OF THE VEHICLES THAT HAD BEEN STOPPED IN FRONT OF

THE TRASH TRUCK PRIOR TO THE COLLISION AND SHE DID NOT OBSERVE THE DECEDENT APPROACH THE

INTERSECTION PRIOR TO THE COLLISION. SHE ALSO MIS·IDENTIFIE AS A BICYCU$iSHAT HAD

BEEN RIDING OIRECTLY BEHIND THE DECEDENT BEFORE THE COLLISION. THIS STATEMENT IS SUSPECT SINCE

SHE ACKNOWLEDGED THAT SHE NEVER SAW THE DECEDENT PRIOR TO THE COLLISION .

ARRIVAL ON THE SCENE APPEARS TO HAVE BEEN JUST A SECOND OR TWO BEFORE THE COLLISION OCCORRED WHICH COULD EXPLAIN WHY HER STATEMENT DIFFERS SO RADICALLY FROM THE OTHER WITNESSES.

ASKED TO IDENTIFY ANY WITNESSES THAT SHE OBSERVED ON THE SCENE. 411 •••••

IDENnFIE ALSO IDENTIFIED THOUGH SHE HAD

NOT SEEN HIM CROSSING IN FRONT OF THE T TIME OF HER OBSERVATION OF HIM, HE HAD

ALREADY CROSSED THE ROADWAY AND WAS STANDING ON THE NORTHEAST CORNER. ADDITIONAL WITNeSSES IDENTIFIED BY WAS A GROUP OF THREE YOUNG ASIAN MALES THAT SHE BELIEVED WERE STUDENTS WHO WERE STANDING ON THE SOUTHEAST CORNER ADJACENT TO THE COSI COFFEE SHOP AT THE TIME OF THE COLLISION. THESE INDIVDUALS LEFT THE SCENE;: PRIOR TO BEING INTERVIEWED BY THE RESPONDING OFFICERS AND HAVE NOT BEEN LOCATED.

e.) VEHICLE #1: RED FREE SPIRIT 10 SPEED WOMAN'S BICYCLE

THE BICYCLE OPERATED BY THE DECEDENr IS NO LONGER OFFERED FOR SALE. THE BICYCLE IS MANUFACTURED BY HUFFY CORPORATION. THE FREE SPIRIT BRAND NAME IS A LINE OF BICYCLES THAT ARE MANUFACTURED FOR AND SOLD BY SEARS CORPORATION_ AN INTERNET SEARCH REVEALED THAT SEVERAL BICYCLES MANUFACTURED BY HUFFY EXPERIENCED DIFFICUL nES WITH THEIR BRAKE LEVERS AND WERE RECALLED BY THE U.S. CONSUMER PRODUCT SAFETY COMMISSION. HOWEVER, THE MODELS LISTED IN THE RECALL DO NOT MATCH THE BICYCLE BEING OPERATED BY THE DECEDENT AT THE TIME OF THE COLLISION.

THE DECEDENT'S BICYCLE SUSTAINED DAMAGE TO THE FRONT TIRE CAUSED BY THE BIKE BEING STRUCK AND THEN WEDGED UNDERNEATH THE RIGHT TIRE OF THE SECOND AXLE AS IT WAS DRAGGED FORWARD BY THE TRUCK BEFORE THE VEHICLE CAME TO A STOP. THE BICYCLE ALSO SUSTAINED DAMAGE TO THE MIDDLE SUPPORTING BAR AND THE SLIGHT BENDING OF THE REAR FRAME. A THOROUGH EXAMINATION WAS CONDUCTED OF THE BICYCLE TO DETERMINE WHICH GEAR THE BIKE HAD BEEN IN AT THE TIME OF THE COLLISION. THE REAR PORTION OF THE BICYCLE CHAIN WAS STILL ATTACHED TO THE SMALLEST GEAR ON THE REAR WHeEL. HOWEVER, THE FRONT PORTION OF THE CHAIN HAD BECOME DETACHED FROM THE FRONT WHEEL GEAR DURING THE COLLISION. AS A RESULT, IT WILL NOT BE POSSIBLE TO DETERMINE WHICH GEAR THE BICYCLE HAD BEEN IN AT THE TIME OF THE CRASH.

f.) VEHIClE #2: 2007 INTERNATIONAL TRASH TRUCK

THIS VEHICLE IS OWNED AND OPERATED BY KMG HAULING OF STERLING VIRGINIA. ON THe SCENE OF THE CRASH, A FEDERAL MOTOR CARRIER LEVEL ONE SAFETY INSPECTION WAS PERFORMED ON THE TRUCK. SEVERAL MINOR VIOLATIONS WERE NOTED BUT NONE THAT REQUIRED THE VEHICLE TO BE PLACED OUT OF SERVICE. THE VIOLATIONS INCLUDED A BRAKE OUT OF ADJUSTMENT ON THE RIGHT SIDE, THIRD AXLE AND AN EXCESSIVE OIL LEAK. THE VEHICLE WAS ALSO WEIGHED AND FOUND TO BE WELL WITHIN THE ALLOWABLE WEIGHT RATING OF 73,200 LBS. THE TRUCK WAS WEIGHED AND FOUND TO BE 44,600 LBS. A SEARCH OF THE DATABASE SHOWED NO RECORD OF REPEATED VIOLATIONS BY THIS VEHICLE.

THERE WAS NO EVIDENCE OF IMPACT OR DAMAGE TO THE FRONT OF THE TRUCK. THERE WAS EVIDENCE OF AN IMPACT WITH THE RIGHT FRONT TIRE_ ADDITIONAL IMPACT EVIEDNCE (IE: RUB MARKS) WERE FOUND ON THE AIR TANK BELOW THE PASENGER SIDE DOOR BETWEEN THE TWO METAL STEPS. THERE WAS EVIDENCE THAT THE BICYCLE STRUCK THE RIGHT SIDE BATTERY BOX AND TANK IN FRONT OF THE SECOND AXLE BEFORE BECOMING WEDGED UNDERNEATH THE TIRE.

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Metropolitan Police Department WAC/IS Investigative Supplement Report

Supplement Number MCIU08-37J14 Report Date

12/18/2008

III.) RECONSTRUCTION:

ON FRIDAY, DECEMBER 12. 2008, WALKED THE CRASH SITE IN PREPARATION FOR THE "ON

SCENE" RECONSTRUCTION, AT THAT TIME, THE DETECTIVE OBSERVED THAT DDOT HAD ALTERED THE SCENE BY CHANGING THE ROADWAY LANE MARKINGS FOR THE BICYCLE LANE. THE LINES OELINNEATING THE BICYCLE LANE HAD seEN EXTENDED THROUGH THE INTERSECTIONS OF 20TH STREET AND CONNECTICUT AVENUE N.W. ON THE DAY OF THE RECONSTRUCTION, BLACK DUCT TAPE WAS USED TO OBLITERATE THE NEWLY PAINTED WHITE LINES IN ORDER TO RETURN THE SCENE BACK TO ITS ORIGINAL CONDITrON ATTHE TIME OF THE CRASH.

KMG HAULING COMPANY PROVIDED AN EXEMPLAR TRASH TRUCK FOR USE IN THE RECONSTRUCTION. ON

FRIDAY, DeCEMBER 12, 2008 AT 1130 HOUR EXAMINED THE EXEMPLAR TRUCK AND FOUND

THAT IT WAS SUITABl.E FOR THE RECONSTRUCTION. THE EXEMPLAR TRUCK, A 2007 INTERNATIONAL TRASH TRUCK, MARKED KMG 140 AND BEARING VIRGINIA REGISTRATION KMG40 WAS ONE OF TWO TRUCKS PURCHASED BY THE COMPANY AT THE SAME TIME. THE OTHER TRUCK WAS IDENTIFIED AS THE VEHICLE INVOLVED IN THE COLLISION. A CHECK OF THE MANUFACTURER "SPEC" PLATE REVEALED THAT THE TRUCK HAD A V1N NUMBER THAT WAS ONE DIGIT OFF FROM THE TRUCK IN THE CRASH. BOTH TRASH TRUCKS POSSESSED THE SAME DIMENSIONS AND EQUIPMENT. A MORE DETAILED EXAMINATION OF THE TRUCK REVEAl.ED THAI THE RIGHT TURN SIGNAL, WHEN ACTIVATED, ILLUMINATES LAMPS TO THE REAR OF THE TRUCK, ONE LAMP IS POSITION UP NEAR

:THE TOP OF THE TRUCK AND THE OTHER AT A LOWER POINT BELOW THE CARGO AREA. A THIRD TURN SIGNAl. LAMP ILLUMINATES ON THE SIDE OF THE TRUCK, AT THE MIDWAY POINT BETWEEN THE FRONT AND THE REAR OF .THE TRUCK. A FOURTH TURN LAMP ILLUMINATES AT THE FRONT HOOD AREA.

THE DECEDENT'S BICYCLE, DESPITE THE COLLISION DAMAGE, WAS FOUND TO BE USABLE FOR THE RECONSTRUCTION. A STANO WAS CONSTRUCTED SO THAT THE BICYCLE COUl.D BE PLACED UPRIGHT AND IN THE NATURAL RIDING POSITION WITH A RIDER ON IT.

ON SUNDAY, DECEMBER 14, 2008 AT APPROXIMATELY 0700 HOURS THE "ON SCENE" RECONSTRUCTION WAS CONDUCTED. IN ADDITION TO THE EXEMPLAR TRASH TRUCK THAT WAS PROVIDED BY KMG HAULING FOR THE RECONSTRUCTION, A DRIVER OF SIMILAR HEIGHT TO THE ORIGINAL DRIVER WAS PROVIDED BY THE COMPANY. THE EXEMPLAR TRASH TRUCK WAS PLACED BACK ON THE TIRE MARKS LEFT BY THE ORIGINAL TRUCK ON THE

. DAY OF THE COLLISION. ONCE ON THE MARKS AND PHOTOGRAPHS OBTAINED, THE TRUCK WAS BACKED AT ITS TURNING ANGLE UNTIL IT WAS ALIGNED WITIi THE TRAVEL LANE ON R STREET N.W. THE RECONSTRUCTION SHOWED THAT THE DRIVER OF THE TRASH TRUCK INITIATED HIS TURN WHILE OCCUPYING THE WESTBOUND VEHICULAR TRAVEL LANE IN THE 1900 BLOCK OF R STREET N.W. WHILE THE TRUCK WAS CLOSE 10 THE ADJACENT BICYCl.E LANE ON THE NORTH SIDE OF THE STREET, THE TRUCK WAS NOT ENCROACHING UPON THAT· l.ANE. AT THE TIME THE DRIVER BEGAN TO EXECUTE THE RIGHT TURN, THE FRONT TIRES OF THE TRUCK HAD

PASSED THE EAST CROSSWALK AND THE ADJACENT NORTHEAST CURB. AN EXAMINATION OF THE DRIVER'S LINE OF SIGHT WAS CONDUCTED IN REGARDS TO HIS ABIUTY TO PRECEIVE AND ACT UPON THE APPROACHING BICYCLIST DURING HIS EXECUTION OF THE RIGHT TURN. AT THE AREA OF IMPACT, THE BICYCllST IS NOT VISIBLE IN THE UPPER, LARGER SJDEVIEW MIRROR. THE UPPERMOST PORTION OF THE BICYCLIST'S HEAD IS VISIBLE IN THE SMALLER LOWER MIRROR AND WOULD BE VISIBLE ONLY FOR A SPLIT SECOND AS THE BICYCLIST CONTINUED FORWARD AND THE TRUCK CONTINUED TURNING.

THE LOCATION OF THE IMPACT REVEALED THAT THE BICYUST WAS NOT RIDING WITHIN THE BrCYlE l.ANE AND THAT THE BICYCLIST STRUCK THE SIDE OF THE TRASH TRUCK IN THE AREA OF THE PASSENGER ODOR, NEAR THE STEP JUST BEHIND THE RIGHT FRONT REAR TIRE. THE BICYCLE'S IMPACT WITH THE TRASH TRUCK WOULD HAVE CAUSED THE BICYCLE TO STOP FORWARD MOTION AND THROW IHE RIDER FROM THE BIKE AND INTO THE PA TH

OF THE RIG FRONT TIRE AS IT CONTINUED TO TURN THE CORNER.

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Metropolitan Police Department WACIfS Investigative Supplement Report

Supplement Number MCIU08-37114 Report Date

12/18/2008

IV.) CONCLUSIONS AND RECOMMENDATIONS

THERE IS NO EVIDENCE THAT THE DRIVER OF THE INTERNATIONAL TRASfi TRUCK OPERATED THE VEHICLE IN A MANNER THAT WAS IN VIOLATION OF D.C. CODE OR ANY TRAFFIC VIOLATION ENUMERATED IN D.C. MUNICIPAL REGULATION TITLE 18. EYEWITNESS ACCOUNTS PROVIDED BY SUBJECTS WHO WERE IN CLOSE PROXIMITY TO BOTH THE TRUCK AND THE BICYCLIST REVEAL THAT THE DRIVER HAD STOPPED BEFORE EXECUTING THE RIGHT TURN. WITNESStl1 (A PEDESTRIAN) ADVISED THAT THE DRIVER HAD YIELDED THE RIGHT OF WAY TO HIM.BEFORE ATTEMPTING TO EXECUTE THE TURN. THE WITNESSES AGREE THAT THE TRUCK WAS TRAVELING AT A SPEED THAT WAS REASONABLE AND PRUDENT FOR THE TIME OF DAY AND THE TRAFFIC CONDITIONS THAT THE DRIVER ENCOUNTERED. ONE EYEWrrNESS STATEMENT DIFFERS FROM THOSE PROVIDED BY THE OTHER EYEWITNESSES .

......... aELIEVED THAT THE TRUCK HAD BEEN TRAVELING EXTREMELY FAST BUT ESTIMATES THE

VEHICLE'S SPEED TO BE BETWEEN 10-20 MILES PER HOUR. IT SHOULD BE NOTED THA I I ARRIVAL ON

THE SCENE APPEARS TO BE AFTER A SIGNIFICANT AMOUNT OF TIME AND AFTER RELEVANT EVENTS HAVE TAKEN PLACE. ROADWAY EVIDENCE CONFIRMED THAT THE TRUCK WAS TRAVELING BELOW THE POSTED SPEED LIMIT AT THE TIME OF THE CRASH. THE DISTANCE FROM THE AREA OF IMPACT TO THE POSITION OF FINAL REST WAS MEASURED AND FOUND TO BE 33 FEET. EYEWITNESSES CONFIRM THE STATEMENT PROVIDeD BY THE DRIVER THAT HE HAD ATTEMPTED TO MAKE A WIDE RIGHT TURN IN ORDER TO PROVIDE SAFE SPACING BETWEEN HIS TRUCK AND PEDESTRIANS THAT WERE CROWDJNG THE NORTHEAST CORNER. ONE STATEMENT THAT WAS

DIFFERENT IN CONTENT FROM THE OTHERS WAS PROVIDED B WHO BELIEveD THAT THE

DRIVER HAD PERFORMED SUCH A WIDE TURN BECAUSE HE WAS NOT IN CONTROL OF THE VEHICLE DUE TO

EXCESSIVE SPEED. AGAI STATEMENT DIFFERS DRASTICALLY NOT ONLY FROM THE

STATEMENTS PROVIDED BY OTHER WITNESSES WHO WERE ON THE SCENE LONGER AND AT CLOSER PROX'MITIES TO THE INDNIDUAlS INVOLVED BUT IS IN CONFLICT WITH THE EVIDENCE GATHERED AT THE SCENE,

AT LEAST TWO OF THE EYEWITNESSES PRECEIVED THE CRASH BEFORE IT OCCURRED. ONE OF THESE WITNESSES BELIEVED THAT THE DECEDENT ALSO PRECEIVED THE HAZARD BUT DUE TO HER SPEED, WAS UNABLE TO REDUCE HER SPEED ANO STOP IN TIME.

THE D.C MUNICIPAL REGULATION. TITLE 18, CHAPTER 12 STATES THAT "EVERY PERSON WHO PROPELS A

VEHICLE 8Y HUMAN POWER OR RIDES A BICYCLE ON A HIGHWAY SHALL HAVE THE SAME DUTIES AS ANY OTHER VEHICLE OPERATOR ........ THE REGULATIONS GOES ON TO STATE THAT "A PERSON SHALL OPERATE A BICYCLE, SIDEWALK BICYCLE OR PERSONAL MOalLlTY DEVICE IN A SAFE AND NON-HARZAROOUS MANNER SO AS NOT TO ENDANGER HIMSELF OR HERSELF OR ANY OTHER PERSON." THE REGULATION ALSO IDENTIFIES THE RIGHTS AND RESPONSI81L1TIES OF THE BICYCLE RIDER AND THE DUTY OF CARE EACH RIDER MUST UNDERTAKE WHEN OPERATING THE BICYCLE ON PUBLIC SPACE. THE REGULATION SPECIFICALLY FORBIDS A RIDER TO "OPERATE A BICYCLE AT A SPEED WHICH IS GREATER THAN IS REASONABLE AND PRUDENT UNDER THE CONDITIONS THEN EXISTING,"

THE FACTS AS STATED BY THE DRIVER OF THE TRASH TRUCK AND VERIFIED BY SEVERAL WITNESSES ARE THESE. THE DRIVER HAD ALREADY COMMENCED HIS TURN AND WAS IN "COMMAND" OF THe INTERSECTION AT THE TIME THE BICYCLIST APPROACHED. IT WAS THE DUTY OF THE BICYCLIST AS WITH ANY OTHER OPERATOR OF A VEHICLE ON A PUBLIC ROADWAY TO REDUCE HER SPEED TO AVOID THE COLLISION AND YIELD RIGHT OF WAY TO THE TRUCK. IT IS UNKNOWN WHAT HAD TRANSPIRED TO CAUSE THE DECEDENT NOT TO SEE THE TRUCK OR RECOGNIZE IT AS A HAZARD UNTIL IT WAS TOO LATE. THE EYEWITNESS STATEMENTS VARY AS TO THE POSITION OF THE DECEDeNT AT THE TIME SHE COLLIDED WITH THE TRASH TRUCK. ONE EYEWITNESS BEUEVED THAT THE DECEDENT'S HEAD WAS DOWN, SIMILAR TO THAT SEEN IN PROFESSIONAL BIKE RACERS, AND THAT SHE WAS CYCLING VERY FAST. ANOTHER EYEWITNESS STATED THAT THE DECEDENT WAS UPRIGHT ON THE BICYCLE, STARING STRAIGHT AHEAD BUT TRAVELING TOO FAST TO AVOID STRIKING THE TRASH TRUCK. OTHER WITNESSES SAW THE DECEDENT AT VARIOUS MOMENTS BUT COULD PROVIDE NO CLEAR INDICATION AS TO WHAT CAUSED THE DECEDENT TO RIDE INTO THE TRUCK.

IT IS THE RECOMMENDATION OF THIS DETECTIVE THAT THE CASE BE CLOSED WITH NO FURTHER ACTION. THE

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Metropolitan Police Department WACIIS Investigative Supplement Report

Supplement Number MCIU08~37/14 Report Date

12/18/2008 :

CASE WILL BE FORWARDED TO THE UNtTED STATES ATTORNEY'S OFFICE FOR REVIEW AND FINAL CASE DISPOSITION.

ReC<Kd Origination Operata

Re~ord Origination Date . 12118/200800:51 :38

Last Update Opera lor

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