Related update — The suspect in death of bicyclist Brad Nakatani on Thursday was charged on Monday afternoon with vehicular homicide and reckless driving. If convicted, the King County Prosecuting Attorney's Office told the Seattle Times that the standard sentencing range is 3 to 4 years in prison.
According to the charging document, motorist Nathan Godwin, 26, of Redmond…
“… admitted that just a couple of hours prior to the accident he had consumed two glasses of champagne, one hard liquor drink called an “Adios Motherfucker” which according to him was comprised of five different hard liquors along with beer, smoked a “blunt” which according to him was a Swisher Sweet cigar with marijuana inside of it along with his medication of Suboxone and Lexapro. He advised that the Suboxone was an opiate suppressant and the Lexapro was an anti-depressant. He advised that he took the Suboxone around midnight and he took the Lexapro earlier in the day.
“Godwin also admitted he was speeding approximately 60 mph in the posted 35 mph zone, where he was going through the intersection of NE 124th and Slater Ave. NE. He admitted he thought he hit a bicyclist and continued driving until his passenger told him to turn around and go back. Godwin did so and observed there was a bicyclist lying in the middle of the street appearing as if 'he was asleep.' “
At the field sobriety test, Kirkland police said Godwin was “unable to complete the one leg stand test.”
(Charging document acquired from The Stranger.)
Two sets of police and court documents — one a series of arrest records and the other an investigative report — made public by two websites shed light on two bicycle fatalities in Kirkland (WA) this year.
In the latest, the blogger at Nerds in Seattle searched the arrest records of Nathan Godwin, the Kirkland man booked on suspicion of vehicular homicide in Thursday's death of bicyclist Brad Nakatani. He found that Godwin received at least one traffic ticket a year — some quite serious — since 2004.
Meanwhile, the Cascade Bicycle Club made available on its website the complete investigative report from the bicycle fatality on Juanita Drive in July. The driver in that case was fined $42 for improper lane change.
Together, both cases demonstrate that we don't treat traffic violations seriously enough.
Long record
Nathan Godwin, 26, of Kirkland was booked into is being held at King County Jail on suspicion of vehicular homicide in the death of bicycle commuter Brad Nakatani in Kirkland. [Godwin was booked into jail on Thursday, Dec. 8, and released Friday, Dec. 9.] Police say Godwin had a blood alcohol level of .078 an hour after the crash. He told authorities that he was on Suboxone. It's an opiate addiction treatment that shouldn't be mixed with alcohol.
When Colin at the Nerds in Seattle blog read about the case, he took the initiative to check Godwin's arrest record in King County District Court. Because he no longer lives in the area, he used the online database.
What Colin found shocked me. Godwin has had a series of traffic citations dating back to 2004. Here's a year-by-year rundown, according to Colin's blog and the records:
2004 — Charged with reckless driving with suspicion of racing on I-90 bridge leading to crash. Received 4 days community service and fine;
2005 — Stopped for no front license plate, Godwin greeted the officer by saying “Hey faggot,” and said the vehicle was stolen (which it was not). In the report, the officer asks Godwin about his attitude: “Godwin stated he disliked cops and was tired of being stopped.” Charged for no front license plate and unsigned registration.
— Speeding, 43 mph in a 30 mph zone. Fined;
— Failing to signal. Fined;
— Speeding, 55 mph in 40 mph zone. Fined (report also says Godwin flipped him the bird); attended court mandated driving school;
2006 — Misuse of HOV lane. Fined;
2007 — Running a stop sign. Fined;
— Not wearing a seat belt. Fined;
— Running a red light. Fined;
2008 — Restrictive sign violation. Fined;
2009 — Failure to wear seat belt. Fined;
2010 — Misuse of HOV lane. Fined;
— Speeding, 45 mph in 40 mph zone. Fined.
Colin writes at his blog that while he accepts the risk of other drivers' actions when he rides his bicycle, “What I don't accept is repeated patterns of dangerous activity with no evidence of rehabilitation. If the accusations are true, it would seem that fines are insufficient incentive for Nathan to obey the law. Perhaps jail time and license revocations will have an affect.”
Struck from behind
The other case involves the death of bicyclist John Przychodzen, who was struck by the driver of a pickup who swerved onto the shoulder of Juanita Drive in Kirkland in July. The driver, Nicholas N. Natale, 18 at the time, received a $42 ticket for making an unsafe lane change.
The Cascade Bicycle Club has made available the Kirkland police investigation in its blog.
Natale told police he had moved to the left to pass the bicycle, but swerved right to avoid hitting an oncoming car whose tires were on the double yellow line. No witnesses interviewed by police reported seeing such a vehicle in that position.
Investigators determined the driver should have seen the bicyclist, traveling nearly 4 feet inside the fog line, for 10 seconds before the crash.
Also, cell phone records show that, after leaving work at 3:30 p.m., Natale made a cell phone call and sent a text message at 3:40 p.m. He crashed into the bicyclist at 3:45 p.m. While police checked his cell phone at the scene, it appears that police didn't check for records from the cell phone carrier.
Cascades communications director M.J. Kelly writes on the blog:
“Do you think it’s shocking and wrong that you can kill someone and simply get a $42 fine? I do, and I’m sad that it took us three years of work to pass the Vulnerable User Bill through the Washington State Legislature. The law doesn’t go into effect until July 2012, and is not applicable in this case.”
The vulnerable user law applies to drivers who commit negligent driving in the second degree resulting in the death or injury of a bicyclist or pedestrian. The driver will be fined between $1,000 and $5,000 and lose driving privileges for 90 days.
To avoid those penalties, the driver can make a court appearance, pay a $250 penalty, attend traffic school for as many days as the judge requires, and perform up to 100 hours of community service related to “driver improvement and providing public education on traffic safety.”
The Seattle Times has reported in October that Przychodzen's family hired attorney Chris Davis to file a lawsuit in the case.
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