Special prosecutor assigned to case of 6 cyclists who were hit by teen driver, lawyers say

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WALLER COUNTY, Texas — The attorneys for the cyclists hit by a truck in Waller County said a special prosecutor has been assigned to the case by the Waller County District Attorney.

The case garnered national attention after the teenage driver who allegedly hit the cyclists on Sept. 25, was let go without being charged or ticketed, even though witnesses said the teen had been “rolling coal” on the cyclists before the crash.


The cyclists were training for Ironman Texas at the time. Their lawyers, Bike Law Texas' Charlie Thomas of Huber Thomas & Marcelle, LLP and Bike Law's founding attorney Peter Wilborn Law, LLC, said the teen had been antagonizing the cyclists leading up to the collision. All six were taken to the hospital; two by helicopter and two by ambulance.

Bike Law said its clients' injuries include traumatic brain injuries, spinal injuries and broken bones.

On their website, Bike Law alleges the officer who responded to the scene never questioned the victims at the scene and point to bias because of who the teen’s family is, writing in part, “[the] driver’s family connections in Waller are a legitimate reason for concern.”

[LetMyPeopleVote]

1. PRESS RELEASE FROM BIKE LAW'S NATIONAL DIRECTOR RACHAEL MANEY

I was not aware that there is a bike law national organization. I have three partners who avid bikers but was not aware of this group

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Bike Law Texas’ Charlie Thomas of Huber Thomas & Marcelle, LLP and Bike Law’s founding attorney Peter Wilborn of Wilborn Law, LLC were retained last Sunday, September, 26, 2021, the day after the multi-victim bicycle crash on Business 290 East in Waller, TX, to lead the civil investigation and represent all 6 of the cyclists who were almost killed while on a training ride for Ironman Texas exactly one week ago today.

Our 6 clients are suffering from horrible injuries including broken vertebrae, cervical and lumbar spinal injuries, broken collar bones, hands, and wrists- many of which require surgical intervention- as well as multiple traumatic brain injuries, lacerations, soft tissue damage, road rash, and extensive bruising. And those are just the physical injuries.

The driver of the black F-250 that crushed our clients’ bodies and left them and their bikes splashed and scattered across the roadway is a 16 year old Waller, Texas male. Through our own investigation, we’ve learned his name, his address, the names of his parents, aunts, uncles, grandparents, neighbors and family friends. We know the names of the businesses owned and operated by the driver’s family. We know where he was earlier in the day, prior to crashing into our clients while they were more than 70 miles into their USAT tri-club training ride. We know the identity of his passenger (a local 17 year old male from a neighboring town) and a pretty good idea about the role he may have played in causing the crash that sent ALL of our clients to the hospital; 2 by Life Flight, 2 by ambulance, 2 by personal transport. (Texas licensing provisions allow for licensed drivers between the ages of 16-17 to lawfully operate a motor vehicle with no more than 1 non-family member passenger who is under the age of 21 at a time.)

The driver’s family’s connections in Waller are a legitimate reason for concern, but I know that Charlie and Peter are very well versed in handling the challenges that nepotism can create. ....

The backdrop of the Waller Bike Crash is one riddled with anti-bike bias. Charlie knows all too well as he has recent experiences with judges there, one who actually lamented to him that Waller, TX “doesn’t like [our] kind.” Charlie has formerly represented several cyclists who were targeted and ticketed by Waller police over the last couple of years. He went to Texas A&M in College Station to race bicycles and he has a law office in Houston. He has been a dogged legal advocate (alongside Bike Law Texas’ partner BikeHouston) for the changes needed to make cycling safer both locally and on a state-wide scale. This advocacy includes exposing and fighting against those who choose to selectively enforce the law for only a select few.....

We also know that this was no “accident” caused by a “new and inexperienced” driver as his criminal defense attorney would like people to believe. Rick DeToto, who has been retained to represent the teenage driver, went so far as to say that this event “did not involve any criminal intent.” After 23 years of representing bicyclists and bike crash victims, we know that when there is no real defense to proffer, turning a perpetrator into a victim is the only limp “defense” that exists. ....

Elton Mathis, the Waller County elected DA, is now in charge of the criminal investigation into the Waller Bike Crash. He’s assigned a Special Prosecutor for this case, Warren Diepraam, who does not reside in (nor is he from) Waller County. He was handpicked because of his investigative and prosecutorial work across multiple Texas jurisdictions.

Mr. Diepraam was formerly a prosecutor in Harris and Montgomery counties. While in Harris, he formed the first ever vehicular crimes division in the state of Texas. Additionally, Mr. Mathis and Mr. Diepraam have hired a crash reconstruction engineer to fully investigate and understand what occurred leading up to the 6 bicyclists being struck.

Currently, victim interviews between the prosecutors and our clients are being scheduled. Waller PD did not ask for a single statement from any of them at the scene of the crash or at the hospitals to which they were transported, and all 6 bicyclists were conscious and wanted to participate in the Waller PD led “investigation” at the scene. One witness who was riding behind our clients and the other smaller group of cyclists who were assaulted when the driver coal-rolled them told us that while she was tending to two of the most seriously injured bicyclists, the only thing Officer Charles Mistric said to her (she was not asked to provide a witness statement either, nor was her contact information taken by any Waller PD officer at the scene to provide a statement at a later date or time) was that [the crash victims] would need [his business card] and that the crash report “would take at least 10 days,”as he handed the card to her with the hand-written report number on it.

[MagickMuffin]

2. I had a feeling his non arrest was "family" related

What and Who are they: driver’s family connections in Waller are a legitimate reason for concern.”?

[gratuitous]

3. Texas likes trying (certain) juveniles as adults

We'll see if our young Waller County accused is entitled to the same treatment.

[LisaL]

8. 17 year olds are tried as adults in TX.

NT

[napi21]

4. Yea, right. Somehow I knew the driver had connections long beforte I got to the last paragraph.

Thats the only reason anyone in the drivers predicament would ever get off free. Hopefully the special prosecutor is beyond that kind of influence & will handle ethe case as it should have been.

[pansypoo53219]

5. jeez, how small is his penis.

and fat. i bet he's fat.

[LetMyPeopleVote]

6. Waller County bicyclists crash: Special prosecutor considering serious charges

The driver needs to be convicted of some serious charges

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— The special prosecutor assigned to investigate a cycling crash in Waller County said he’s investigating this as a possible 2nd-degree felony, a step up from simple assault.

“A motor vehicle can be a deadly weapon and if you recklessly cause injury to somebody that’s classified as a 2nd-degree felony," said Warren Diepraam, the special prosecutor who says he's dedicated his career to traffic safety prosecution.

Now, he’s asking anyone who might have pictures and video to come forward.

The crash on Saturday spent six cyclists to the hospital. The injuries ranging from traumatic brain and spinal injuries to broken bones.

“Essentially what we’ve heard is there were two other groups of bicyclists that he aggressively passed, pulled in front of and engaged in the exact same conduct."

The allegation being investigated is that the teen driver was rolling coal, creating a cloud of smoke behind his truck — a dangerous situation for cyclists.

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7. Investigation into crash between teen, cyclists in Waller Co. 'not handled appropriately,' DA says

It has taken two weeks but the Waller County District Attorney has acknowledged that this investigation was not handled correctly. This young man needs to be held to account

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HEMPSTEAD, Texas (KTRK) -- More than two weeks after six bicyclists were injured when a 17-year-old driver plowed into the group, the top prosecutor in the county didn't hold back his frustration about the investigation into the incident.

"This case was not handled appropriately by the investigating agency. PERIOD," Waller County District Attorney Elton Mathis wrote in a Facebook post. "Despite being encouraged by the Texas Department of Public Safety to treat the scene as a crime scene and to contact the D.A.'s Office for advice on how to proceed, the investigating agency chose not to do so."

The crash that happened on Sept. 25 on Business 290 involved the cyclists and a 17-year-old driver. Witnesses told ABC13 that just before slamming into the group, the teen driver was trying to agitate the cyclists by blowing exhaust smoke into their path in a practice known as "rolling coal."

The teen was released from the scene after interviewing with investigators, and no arrests have been made in the case.

Officers with the Waller Police Department were on the scene along with Texas DPS and the Waller County Sheriff's Office.

"The actions of the Texas Department of Public Safety on scene were professional and we are thankful they were there to assist. We are also working with the Waller County Sheriff's Office to gather the evidence they are able to provide as they arrived on scene to backup Waller P.D. Sheriff Guidry has been most helpful in this regard."