Van that killed bicyclist in Pittsfield Township was over the fog line, witnesses testify

She told him it would be OK, but Wahl said it wouldn’t because of a cut on the back of Pincikowski’s neck, Samuelson testified.

Wahl also told her, “I took my eyes off the road for just a moment,” Samuelson said.

Samuelson testified today in 14A District Court during a preliminary hearing to decide whether there is probable cause to proceed with the case. The case was adjourned after the three witnesses testified and will continue Oct. 23.

Wahl, a Grand Valley State University student with no criminal record, faces up to two years in prison if convicted on the high-court misdemeanor charge.

He is accused in the death of Pincikowski, a married father of two from Saline who worked as a project manager for BASF in Wyandotte. Pincikowski died of a neck fracture.

Sally Lattuca testified she was traveling south on Maple Road at about 5 p.m. July 28 when she saw a bicycle traveling north.

She said it was near the fog line, which is the white line on the right side of the road. A vehicle was trailing the cyclist, and half the vehicle was over the line, Lattuca testified.

“When I first saw it, I thought, 'Could this be a pace car?'” she said. “Then I thought, 'This guy’s gonna die.'”

Out of her peripheral vision and driver’s side mirror, she saw the cyclist fly into the car’s windshield, she said.

She didn’t hear tires squealing or see the vehicle make any moves before impact, she testified. Lattuca estimated both of the vehicle’s passenger side wheels were over the fog line for between four and five seconds.

Under cross-examination by Wahl’s attorney, Joe Simon, Lattuca acknowledged the cyclist was within 3 inches of the fog line, but she didn’t know on which side.

She couldn’t specify whether Pincikowski was on the road or in the shoulder. Lattuca also acknowledged she didn’t know whether the driver made any last second maneuvers because she didn’t see the front of the car hit the bicycle.

Washtenaw County Assistant Prosecutor Anthony Kendrick asked her, “How certain are you that that SUV was across that fog line?”

“Quite certain,” she said.

Benjamin Brand testified he was traveling south on the road and “saw the entire thing happen.”

A bicyclist was traveling north on the side of the road or on the fog line and was trailed by a dark green van, he said. The van was straddling the line, with both passenger wheels over it, he said.

The van hit the cyclist, he flew up onto the hood, struck the windshield and was thrown, Brand testified.

Brand also didn't hear any tires squealing. When Brand discovered Pincikowski wasn’t breathing, he started to flag down cars. He said he saw Wahl standing there.

“He had his head in his hands and he had a conversation with one of the other witnesses,” he said.

Under cross-examination, Brand said he couldn’t pinpoint the bicyclist’s position.

“I know that he was on the side of the road near the fog line,” he said. “I couldn’t say exactly where he (was).”

Brand estimated the van was traveling about 50 miles per hour, and Lattuca said none of the cars on the road appeared to be traveling at an excessive speed.

Judge J. Cedric Simpson lifted some restrictions on Wahl during the hearing, including mandatory alcohol and drug screening.

But he ordered that Wahl not drive, which Wahl has been doing anyway voluntarily, Simon said.

Wahl's parents and other supporters were at the hearing.

Pittsfield Officer Patrick Gray is expected to testify next week.

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