Driver in fatal bicycle crash ordered to stand trial

Hidey, of Whitmore Lake, faces up to two years in prison if convicted of negligent homicide in the death of 53-year-old Duane West of Whitmore Lake. West died June 5 of multiple traumatic injuries at the scene of the 10:50 p.m. accident on Seven Mile Road.

Hidey was driving a Pontiac Grand Prix behind a Ford Bronco as it passed a slower-moving car, authorities said. As it completed the pass, the Bronco quickly veered to the right to avoid the bicyclist, who was traveling in the opposite direction, investigators said.

Hidey veered his car to the left to avoid West, but struck him, authorities said.

West had traces of marijuana in his blood, but a forensic pathologist testified today she didn't think it impaired his ability to operate the bicycle.

Hidey said he was traveling west when his car caught up with two other cars, township police Officer Richard Paquette testified during a preliminary hearing today at 14A-4 District Court in Saline.

Hidey was driving about 45 miles per hour in the 55 mile per hour zone, Paquette said. Hidey told police the first car was traveling between 25 and 30 miles per hour, Paquette testified.

Hidey decided to also pass the slower car along with the Ford Bronco as it moved west in the eastbound lane, Paquette said.

The Bronco "suddenly veered back," and Hidey saw the bicyclist and attempted to "veer left" to avoid the head-on collision, Paquette testified.

Hidey told police he saw no lights coming from the bicycle, said Paquette, noting the bicyclist was wearing dark clothing.

Hidey told Paquette the accident was "sudden." During a second interview, he said he saw the bicyclist for two seconds before impact, Paquette said.

Forensic pathologist Dr. Yung Chung, who works for the Washtenaw County Medical Examiner's Office, testified West had a "very minimal amount of marijuana in his system."

In general, marijuana can be detected in the blood if it's been ingested anytime within the past three days, she said. She also testified that West was wearing a brown jacket, blue jeans, black gym shoes, white socks and a black glove on his left hand.

Washtenaw County Sheriff’s Deputy Robert Losey, an accident reconstructionist who responded to the scene, testified the car had damage to its front passenger side hood. It also had damage to the front fender and windshield, he said.

The bicycle was "wedged into" the front of the vehicle between the fender and hood, Losey said. There were marks on the road, indicating the vehicle had veered to the left, he testified.

Losey said he couldn't determine the point of impact of the collision on the vehicle or in the roadway. He also testified that because of the damage, he couldn’t determine whether the bicycle had proper equipment, including a front white light that was required for that time of night.

Losey said when he responded to the scene about 40 minutes after the accident, there were no problems with visibility. There are no street lights, he said.

The shoulder is packed gravel 6 to 8 inches in width, he said. Beyond that, it drops off into a ditch, he said.

Asked by county Assistant Prosecutor Dianna Collins whether the driver committed any civil infractions, Losey said improper passing. Asked by defense attorney Erik Mayernik whether the bicyclist committed any civil infractions, Losey said he did not.

“He’s allowed the whole lane like a motor vehicle,” he said.

Mayernik argued his client shouldn't be held responsible for the death of a man riding a bicycle with no headlights, using marijuana and possibly riding in the center of the lane.

“We have an individual that placed himself in harm’s way in may different ways," he said.

Hidey works full-time as a welder and has no criminal record, court records show.

A pretrial hearing is scheduled for Dec. 17.

Lee Higgins covers crime and courts for AnnArbor.com. Reach him at leehiggins@annarbor.com or 734-623-2527.