TMCnet News
Christopher Loven trial: Jury shown Colorado State Patrol animation of accidentMar 06, 2013 (Daily Camera - McClatchy-Tribune Information Services via COMTEX) -- 11:54 a.m.:After a short recess, Finn played several animations of the crash created by a computer program, including overhead views and views from the point of view of both Loven and Howrey. "Given the partial blockage, given he could see a bicyclist, given the bicyclist had the right of way, was it safe for the defendant to go through that intersection at 20 mph " Finn asked. Duque ultimately said based on his investigation, Loven was at fault in the accident. He said Loven -- even if he hadn't seen the cyclist -- should have slowed down at the intersection given the circumstances and been "extra careful." "It's Boulder," he said. "There are trees everywhere, there are bicyclists everywhere, there are mountains everywhere." Duque said if Loven had been going just 5 mph slower, the collision would not have happened. "All the evidence I found showed the cyclist hit the right front-end of the truck, in other words he almost missed the truck," Duque said. "If he had stopped even 5 or 10 feet earlier, they would have missed each other. I can't say what would have happened after that, but the collision would not have happened. During cross-examination of Duque, McCormick called into question several aspects of the animation, and said too much of the video relied on Duque's "assumptions," though Duque was quick to say it was the result of analysis. He pointed out the animation from Loven's point of view did not take into account Loven's height in the truck or the foliage. He also asked why Duque did not do an animation with Howrey going at 35 mph instead of 25 mph. He pointed out the bike was found in the highest gear and that the two people riding with Howrey said he separated from them to go faster. But Duque said it wasn't logical to have Duque going at that speed at the intersection, and said due to the condition of the bike it was impossible to conclude what gear the bike was really in. The court will be at lunch until 1 p.m. 10 a.m.:Colorado State Trooper Jorge Duque was the next witness called to the stand by the prosecution. Duque was the accident investigator called to the scene. Duque said Howrey would have had the right of way at the intersection, and that Loven would have had to use caution before making the turn. "They would have to be careful, because people coming down -- especially people familiar with the area -- know they don't have to stop because they have the right of way," Duque said. As part of his investigation, Duque took laser measurements of the crash scene as well as photos, including several out the driver-side window of Loven's truck as it approached the intersection. While there are some branches in the view, Duque said in the photo it is possible to see objects, and he added Howrey was moving and wearing an outfit with a bright orange star on it that likely would have made him more visible. Duque said using the tire marks, weight of the truck and the traction of the road, he was able to calculate the speed of the truck between 20 and 22 mph. He said the bike Howrey was on was harder to calcuate since isn't as much crash data on bikes. But Duque testified that a computer on Howrey's bike showed the maximum speed Howrey traveled during the entire ride was 36.5 mph, but Duque said it was highly unlikely he was moving at that speed at the time of the crash. Duque said the area is relatively flat, and Howrey would likely have been slowing down since he was coming toward an intersection and was nearing the end of a long ride. Prosecutor Sean Finn moved to admit an animation video Duque made of the crash, but McCormick objected, saying the computer program that generated the video depended too much on what Duque input into the program and was not accurate. "You're totally in control of what goes in there " McCormick asked. "You could put an elephant in there, if they had an symbol for an elephant, going 100 mph " McCormick also said the tree in the animation was not as obstructive as it was in the crime scene photos. Duque said the program can only recreate things with a certain amount of detail, but that it was as accurate as possible. "So you're stuck with their trees " McCormick asked." Judge John Stavely overruled the objection and admitted the video before the court took a short recess. 9:02 a.m.Medical examiner Michael Arnall was the first to testify Wednesday morning. He recalled examining Howrey's body after the accident, and said he found Howrey had abrasions on his body as well as fractures to his wrist and legs. Arnall said Howrey also had a lacerated spleen and liver, 11 broken ribs and fractures along his spinal column, all of which he said would have been fatal. "All of those things could have resulted in death on their own," Arnall said. Arnall ultimately concluded the cause of death was blunt force trauma and the manner of death was an accident. However, Arnall added that the term "accident" here was medical, and that it does not mean no one was at fault in the collision. Loven's attorney Paul McCormick asked Arnall if Howrey's injuries proved he was going at a high rate of speed, but Arnall said his examination could not conclude that. 8:30 a.m.:The second day of testimony in the trial of Christopher Loven -- who faces one count of careless driving resulting in death for hitting and killing cyclist Eugene "Phil" Howrey in June 2011 -- is set to begin this morning. Loven, 47, could face up to one year in jail and up to a $1,000 fine if a jury decides he did not exercise due care in hitting and killing Howrey, 73, at Lefthand Canyon in June 2011. According to an investigation by the Colorado State Patrol, Loven was driving a Kenworth W900 dump truck hauling a trailer with construction equipment west on Lefthand Canyon Drive on June 17, 2011 when the accident occurred. Loven turned left to go south on Olde Stage Road and struck Howrey, 73, who was headed east on Lefthand Canyon Drive. Howrey was tossed 39 feet and died at the scene. The report said Loven was driving about 20 mph, while Howrey was riding between 25 and 35 mph. The speed limit in the area is 35 mph. The state patrol investigation concluded that no drugs, alcohol, speeding or aggressive driving were involved in the accident. In openings, prosecutors say Loven was in a rush and went into the turn too fast, while Loven's attorney said the intersection was a dangerous one and that Howrey was also coming down the hill at a high rate of speed. For live trial coverage, follow @mitchellbyars on Twitter. ___ (c)2013 the Daily Camera (Boulder, Colo.) Visit the Daily Camera (Boulder, Colo.) at www.dailycamera.com Distributed by MCT Information Services |