Fort Collins
Construction flagger charged with negligent homicide in July Mulberry Street crash
Police determined that the semi-truck driver was operating within established safety protocols, and that the flagger had positioned himself and the bicyclist in an unsafe place where the driver could not see either of them.
Fort Collins Police Services said a charge was filed against the construction flagger in the July 6 crash at Mulberry Street and Whedbee Street, and Rudolph Baldivia was booked into the Larimer County Jail on Wednesday, Nov. 4, on one count of criminally negligent homicide, a Class 5 felony.
Police determined that the semi-truck driver was operating within established safety protocols, and that the flagger had positioned himself and the bicyclist in an unsafe place where the driver could not see either of them. A charge was filed against the flagger after the investigation work was completed.
Baldivia was booked at the jail on Nov. 4. Police said charges are accusations by law enforcement, and all suspects must be presumed innocent until proven guilty in a court of law.
The crash happened July 6 at the intersection of Mulberry Street and Whedbee Street. Fort Collins 911 received a report at approximately 6:20 p.m. that day of a crash involving a semi-truck and a pedestrian at East Mulberry St. and Whedbee St.
Early in the investigation, police said the bicyclist was going from the north side of the road to the south side when the semi-truck driver hit her. Police said the Larimer County Coroner's Office identified the bicyclist as Catherine Withrow of Fort Collins.
Officers found an adult female bicyclist who was deceased after a semi-truck driver hit her. The semi-truck was part of an ongoing construction project along that stretch of Mulberry St., and construction personnel were at the scene when the crash occurred.
The semi-truck and its driver stayed at the scene.
The department's Collision Reconstruction and Scene Handling team led the investigation, which police said required significant processing, interviews and follow-up. It included consulting outside experts, conducting additional interviews and reviewing numerous pieces of evidence.
Police met with the Eighth Judicial District Attorney's Office in late July and collaborated on additional steps.
Police Chief Jeff Swoboda addressed the family's grief. "I recognize that today's announcement will not lessen the pain this family and so many friends have endured, nor will it erase the grief they will continue to carry," he said. "But my hope is that today brings some measure of closure, knowing that we have taken an important step toward accountability and justice."
After the crash, both directions of Mulberry St. were to be closed between Remington St. and Riverside Ave. into the morning hours of Tuesday, July 7, because of continued roadwork related to the construction project.