The Chainlink

Driver Charged with Aggravated DUI After Killing Cyclist Friday Night

Thankfully the guy that hit Hector Avalos Friday night will be charged in his death. I'm no lawyer but I would think that aggravated DUI is at the upper end of what you can get charged with for this kind of accident.

"A Riverside man was driving under the influence when he fatally struck a bicyclist on the West Side late Friday, according to police."

read more

Views: 522

Reply to This

Replies to This Discussion

So tragic.

How many DUI's do we figure this guy had before he killed someone?

Could be number of prior DUIs. Could be other "aggravating" factors:

    
        (1) Every person convicted of committing a violation
    
of this Section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:
            (A) the person committed a violation of
        
subsection (a) or a similar provision for the third or subsequent time;
            (B) the person committed a violation of
        
subsection (a) while driving a school bus with persons 18 years of age or younger on board;
            (C) the person in committing a violation of
        
subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;
            (D) the person committed a violation of
        
subsection (a) and has been previously convicted of violating Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under subparagraph (C) or subparagraph (F) of this paragraph (1);
            (E) the person, in committing a violation of
        
subsection (a) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under subsection (a) of Section 11-605 of this Code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (a) was a proximate cause of the bodily harm;
            (F) the person, in committing a violation of
        
subsection (a), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the violation of subsection (a) was a proximate cause of the death;
            (G) the person committed a violation of
        
subsection (a) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of subsection (a) or a similar provision, Section 11-501.1, paragraph (b) of Section 11-401, or for reckless homicide as defined in Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;
            (H) the person committed the violation while he
        
or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;
            (I) the person committed the violation while he
        
or she knew or should have known that the vehicle he or she was driving was not covered by a liability insurance policy;
            (J) the person in committing a violation of
        
subsection (a) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury; or
            (K) the person in committing a second violation
        
of subsection (a) or a similar provision was transporting a person under the age of 16.



Davo said:

How many DUI's do we figure this guy had before he killed someone?

Would have been the easiest thing in the world for the driver to flee and leave the victim laying there but they didn't (very low likelihood of witnesses on this particular stretch of Ogden on a frigid night around midnight).

Short of any other evidence I'm going to go with this one:

 (C) the person in committing a violation of
        
subsection (a) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

I don't know if the details will ever come out, but I would like to know what happened here.

The victim was presumably heading northeast on Ogden if the report that he was on his way home is true.

That would not have put him in this location, but if it had, the driver was presumably heading southwest towards Riverside  (I'm stereotyping here, but assuming a 54 year old is not just starting his journey into the city to go clubbing at midnight.)

Even assuming the victim was in the middle lanes rather than the side boulevard, it seems like they would have been traveling opposite directions.

More detail at dnainfo

First of all, RIP, Hector.  You didn't deserve to die just for riding your bike.

The accused, an executive at Stroger Hospital, would likely have been traveling southwest on Ogden, to get home to Riverside.  And the deceased, whose mother said he worked at "El Hefe" restaurant at State & Hubbard, was headed home likely the same direction southwest down Ogden.  So, was Hector rear-ended or sideswiped?

If Hector was mowed down from behind by a speeding drunk, this begins to sound like Bobby Cann's tragic death, repeated.

Snowy, the 2500 W block of Ogden Blvd is not on the way from State and Hubbard to Cermak and Wood.

If she says he was on the way home, I have no reason to question it, but it doesn't seem he was on his way home from work.

If he was heading toward home he would have been tracking east.

Older thread-- not sure why we needed a new one.

http://www.thechainlink.org/forum/topics/m-28-western-ogden-12-6-20...

That one was buried  when I posted this am. Also focused on the DUI charge. not the arrest (I know that one was updated later).



h' 1.0 said:

Older thread-- not sure why we needed a new one.

http://www.thechainlink.org/forum/topics/m-28-western-ogden-12-6-20...

??? There are less than 10 discussions that have seen any activity at all this weekend.



jolondon30 said:

That one was buried  when I posted this am.



h' 1.0 said:

Older thread-- not sure why we needed a new one.

http://www.thechainlink.org/forum/topics/m-28-western-ogden-12-6-20...

Hector had recently relocated to Cermak and California. He was on his was home from work. Hector was a savvy and conscious human with street smarts. He would have never put his life in danger. hector was not drunk and behind the wheel of a speeding car. Hector could have been any one of us cyclist, pedestrian or even in another car. Let's focus on the real issue and stop questioning Hector. This coming Tuesday May 20th ,is the next court date.

RSS

Groups

© 2008-2016   The Chainlink Community, L.L.C.   Powered by

Disclaimer  |  Report an Issue  |  Terms of Service