UPDATE: Charges Filed in Fatal Bike-Vehicle Collision
Boise, Sept. 23, 2009 - Boise Police have been informed by prosecutors that charges of misdemeanor Vehicular Manslaughter have been filed against the driver of the van that struck a cyclist on S. Orchard St. near the airport May 19th of this year. The cyclist, Jim Lee Chu, 55, of Eagle later died of injuries sustained in the collision.
Charged: Michael A. Perkins, 35, Boise - Vehicular Manslaughter (m)
The investigation completed by Boise Police has been reviewed by prosecutors from both Ada County and Boise City. After review, both prosecutorial agencies have concluded the facts and circumstances of the death of Mr. Chu are sufficient to support a charge of misdemeanor vehicular manslaughter. A date for appearance is not yet known.
What Happened: On May 19th, at approximately 12:52 p.m. Boise Police were called to a collision near S. Orchard St and W. Aeronca St. The investigation showed the cyclist had been riding northbound on Orchard when he was struck by a van from behind.
If proven beyond a reasonable doubt, the maximum penalty under the law for misdemeanor vehicular manslaughter, Idaho Code sec. 18-4006(c)(3), is up to one year in jail and/or up to a $2,000 fine. Additionally, a court may order payment of support for any minor child of the victim of the offense and suspend driving privileges.
NOTE: where this stands right now: charges have been filed by Boise City prosecutor with 4th District Court. Under Idaho law, where flight risk is not a factor, a summons ordering the suspect to appear in court is preferred over a warrant for arrest. For media, this means there is no booking photo available to you at the jail. Under Idaho law, summonsing is the common legal practice in cases like this. Since the summons for the suspect current resides with the courts, reporters will have to check with the courts for verification that the summons has been served and the dates during which the suspect may be expected to appear in court on the charges.
NOTE: The fatal bike/vehicle collisions that occurred in Boise May 21 and June 11 remain under investigation, as does the pedestrian/vehicle fatality that occurred Aug. 19.