Careless Driver Gets Probation For Killing Blind Pedestrian

PORTLAND, OR — For running a red light and striking a legally blind pedestrian who later died from his injuries, Ryan Michael Gawick was sentenced in a Multnomah County court on Monday to one year probation, along with fines and community service.

According to a probable cause affidavit obtained by Patch, Gawick, 34, was initially charged with criminally negligent homicide in connection with the death of 61-year-old Rekey Frank Agee on Sept. 25, 2017. But because county prosecutors would not likely be able to prove beyond a reasonable doubt that Gawick knew he was driving in such a way as to cause someone's death, the homicide charge was dismissed in favor of the significantly lesser charge of careless driving.

As previously reported on Patch, Gawick failed to stop at a red light as he traveled through the intersection of North Columbia Boulevard and North Interstate Place in the Kenton neighborhood around 6:15 a.m. As he did so, he struck Agee in the crosswalk.

Agee died at hospital just over an hour later.

“After completing the investigation in this case, which included additional investigation beyond what was initially learned at the time of the crash that resulted in the loss of Mr. Agee, the State has concluded that there are potential legal impediments to proceeding to trial on the charge of criminally negligent homicide,” prosecuting Deputy District Attorney Elisabeth Waner said in a statement. “Of particular interest to the State were the cellphone data records belonging to the defendant at the time of the crash. The records we received were inconclusive as to whether or not Mr. Gawick was actively manipulating his phone at the time of the crash.

"In order to proceed with a charge of criminally negligent homicide, the law requires the State have evidence to show the defendant should have been aware of a problem with his driving, such as swerving, inattention or near a collision before the ultimate crash," she explained. "At trial, the State would need to prove beyond a reasonable doubt that Mr. Gawick had prior knowledge that he was driving in a way that would have resulted in the death of Mr. Agee.”

At least two witnesses who were driving in the westbound lanes along with Gawick told investigators they could see the red light at North Interstate Place from well behind Gawick's black 2014 Ford Mustang — adding that it was clearly red before the collision. One of the witnesses also told investigators he could see the white cane and bright, reflective safety vest Agee always used when walking as he crossed the street.

Gawick told police at the scene that Agee "came out of nowhere" and was "running" through the crosswalk before he was hit — a collision that Gawick described as unavoidable. Gawick also said he thought his light was green.

Investigators determined Gawick was not speeding at the time of the collision nor was he intoxicated. Both men, Gawick and Agee, were apparently on their way to work.

“What is clear in this case, no matter the cause, Mr. Gawick’s inattentiveness behind the wheel resulted in the tragic loss of life of a husband and father,” Waner said. “The death of Mr. Agee will be deeply felt by many for several years to come. This was a senseless death that easily could have been avoided had Mr. Gawick adhered to the duties each and every one of us has when we get behind the wheel of a vehicle.”

For his role in the crash, Gawick pleaded guilty to careless driving and received at sentencing one year probation, the suspension of his driving privileges, and a $12,500 fine — which could be waived if he completes 200 hours of community service within one year.

Gawick will also reportedly need to complete a traffic safety course.

Image via Multnomah County Jail