Steamboat Springs Steamboat Springs police considered only the facts of the case when determining what charges to file against Terry Tomey, the driver of the pickup that hit Steamboat Springs resident Bob Bear on May 6. Bear died later that night from injuries sustained when his head hit the pavement.
On Wednesday, Steamboat Springs police Capt. Joel Rae said Tomey was cited for failure to yield to a pedestrian with disabilities, a Class A traffic infraction.
A story on page 3 of Thursday's Steamboat Today incorrectly stated that police looked into Tomey's driving and criminal history before determining the traffic infraction.
On Thursday morning, Rae said that simply wasn't the case.
"In this case and all other cases, charges are based on the facts of the investigation," Rae said. "The only time a person's criminal or driving history are brought into play is when a prosecuting attorney is considering a plea offer or when a judge is considering sentencing options."
Tomey has said he had a perfect driving record during the past two years. He also has said he's had trouble sleeping since the accident and that he laid flowers at the intersection where the accident occurred.
"This is just tearing me up," he said last week.
Rae also disputed a second statement attributed to police in Thursday's article and an article in the May 8 edition of the Steamboat Today. Rae said police do not know whether Bear had the pedestrian signal when he attempted to cross U.S. Highway 40 at Pine Grove Road. What is known, Rae said, is that southbound traffic on U.S. 40 had a red light when Tomey initiated his right-hand turn from U.S. 40 onto Pine Grove Road.
Police have said they think Tomey came to a stop before beginning the right-hand turn on a red light.