Man guilty of manslaughter in bicyclist's death

by Jim Walsh - Feb. 14, 2012 04:36 PM
The Republic | azcentral.com

Jurors found a hit-and-run driver guilty of manslaughter, driving under the influence of alcohol and endangerment in the death of a Queen Creek bicyclist more than two years ago.

Gary Lynn Foshee, 55, is scheduled to be sentenced on March 23 before Maricopa County Superior Judge Cari Harrison, said Jerry Cobb, a spokesman for the County Attorney's Office.

In August 2009, victim Russell Jenkins was struck and killed when he was hit head-on about 2 a.m. on Ocotillo Road near 228th Street.

Jenkins had been riding east on Ocotillo with two friends when he was hit by a vehicle going westbound in the eastbound lane, Maricopa County Sheriff's deputies found.

"I'm pleased with the verdict. It's what we expected,'' said Bob Beane, president of the Coalition of Arizona Bicyclists. "Our goal is to prevent these incidents from happpening in the first place.''

"In this case, I feel really bad for the victim, the family and his friends,'' Beane said.

Beane said his organization focuses on bicycle safety education for bicyclists, drivers and police investigating cases involving bicyclists injured in collisions.

While police and prosecutors are very dilligent in investigating alcohol-related collisions, there appears to be less attention to other laws, including a requirement that drivers give bicyclists a three-foot safe passing zone when possible, Beane said.

He said a Tucson attorney is developing a bicycle investigation course with funding from the Maricopa Association of Governments that will be available to Valley law enforcement agencies.

"One of the reasons the coalition exists is to educate bicyclists,'' Beane said. "We're trying to educate all parties.''

Ed Beighe, a member of the coalition who tracks bicycle fatalities in Arizona, said there were 806 traffic deaths in the state in 2009 and 25 involved cyclists. He said drivers were charged criminally in seven cases and five of those involved alcohol.

Beighe said he reviewed police reports that showed drivers and bicyclists were equally at fault in bicycle-related fatalities.

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