The Argus: Driver who hit bicyclist likely won’t be charged

While the investigation isn’t completely closed, the Washington County District Attorney’s office said Wednesday that it doesn’t appear an Idaho woman can be criminally prosecuted for causing the death of an Aloha bicyclist north of Cornelius. Timothy O’Donnell, 66, died Sunday after Jennifer Knight, 26, clipped his bike while trying to pass him on the left. Both were traveling south on Northwest Cornelius-Schefflin Road north of Cornelius. Senior Deputy District Attorney Chris Quinn said that while any death is tragic, under Oregon law, a person must be in a culpable mental state to be charged with a crime.

“There has to be something more than just a simple driving violation,” Quinn said. Factors like impairment, extreme speeds or reckless driving could bring it to the level of criminality, he said. Police believe O’Donnell was among a group of five cyclists who began to move from the side of the road into the lane of travel as they signaled a left turn.

The Washington County Sheriff’s Office investigation into the crash found Knight was at fault, but that her actions were unintentional, said WCSO Sgt. David Thompson. Knight was cited for driving while suspended, careless driving and passing in a no-passing zone, all of which are traffic violations.

Many people frequently violate the Oregon driving law that requires a vehicle on a rural highway without a bike lane to remain behind the bicycle until there is a passing zone. Most drivers just give the bicyclist, or in this case, bicyclists, a wide berth, but it’s still a violation, Thompson said. Knight told deputies she didn’t see any hand signals.

Unfortunately, in this case, Knight’s traffic violations turned deadly, he said. “I can tell you there’s a gap in the law, in my point of view,” Quinn said. But district attorneys must work within the law, he said.

There are dozens of fatal auto accidents every year in which the at-fault driver is not charged with a crime, Quinn said: “In terms of the law, Oregon does not make criminal ordinary or simple negligence.” Singer and actress Brandi is currently facing misdemeanor homicide charges in California for being at fault in a deadly car crash, he said.