Police charge woman in bicyclist's death

 

June 2, 2019



PORTALES — Police have filed petty misdemeanor charges for careless driving against the woman who struck and killed a bicyclist early last month on the highway outside Portales.

Kimberly Potters, 43, of Clovis, faces a penalty of “no more than 30 days in the detention facility and not more than a $300 fine,” Chief Deputy District Attorney Brian Stover told The News on Friday. Stover said prosecutors directed state police to charge Potters with careless driving because “no evidence of a reckless act” could be found.

“The difference between the two is careless is when you are inattentive or imprudent; you are making a mistake,” Stover said. “in order to be reckless you have to have a wanton disregard for the safety of other people.”

Stover said that Potters was “very cooperative” with investigating New Mexico State Police officers and shared her cell phone with them — with “no evidence” of texting found.

Johann Astner, 46, was in the U.S. from his home country of Austria on a bicycle tour from coast to coast, roughly following the path of Route 66. He died on scene from the April 8 collision just a few miles outside Portales on U.S. 70. A group of local cyclists held a tribute ride in his honor later that month and established a “ghost bike” memorial near the site of the incident.


“Our sympathies are with the cyclist and his family over this tragedy,” Stover added.

Astner’s brother-in-law told The News in a message April 28 that his family was “shocked and deeply saddened by what happened” but “consoled by the fact that it happened while he did what he loved most: cycling in the land of his dreams.”

Potters waived her initial court appearance last week and entered a plea of not guilty, according to court records. Her attorney, Tye Harmon, was not available Friday to comment on the matter.

 
 

Powered by ROAR Online Publication Software from Lions Light Corporation
© Copyright 2019

Rendered 07/17/2019 20:49