Grand Jury: No criminal charges in fatal Wellesley cycling accident

By ADMIN | Published: FEBRUARY 4, 2013

Source: The Swellesley Report

Roadside memorial to cyclist Alex Motsenigos

Roadside memorial to cyclist Alex Motsenigos

The Wellesley Police Department reported Monday that the grand jury examining the road accident last August that killed Wellesley cyclist Alex Motsenigos will not indict the driver of the 18-wheel dump trailer that struck the cyclist on Weston Road. The driver was identified as Dana McCoomb, of East Wareham, who was driving a vehicle for a Cambridge trucking company at the time of the incident.

You can read the police report here (parts 123), though be warned that it’s graphic and upsetting.

In the report, McCoomb tells investigators that he had heard about the incident but “I didn’t hit him, that’s for sure. I know damn well I didn’t…”

Investigators grilled McCoomb on his past driving record as well as whether there was any chance he intentionally hit the cyclist (they tried to determine if Motsenigos had in any way angered the driver by the way he was operating his 2-month-old bicycle). According to the police report, McCoomb’s driving record is beyond checkered: 19 license suspensions over the past 30 or so years; six surchargeable accidents; and several moving violations.  While the driving record could be used by investigators to determine probable cause, the record was not admissible as evidence during grand jury proceedings.

According to a statement by WPD:

The Wellesley Police Department in conjunction with the Massachusetts State Police and the Norfolk County District Attorney’s Office recently completed an exhaustive and thorough investigation into a motor vehicle crash which resulted in the tragic death of a cyclist, Alexander Motsenigos a 41 year old Wellesley resident.  This crash occurred on Friday, August 24, 2012 at 1:58 p.m. on Weston Road near the intersection of Linden Street. 

Investigators spent over 3 months and countless hours indentifying and interviewing witnesses, reviewing and processing substantial amounts of evidence that was recovered at the scene and on the truck involved in the crash, executed multiple search warrants, completed a systematic accident reconstruction which included consulting with experts in the trucking field to conduct a simulation of the crash.

Throughout the investigation and at the conclusion investigators from the Wellesley Police Department, the Massachusetts State Police and prosecutors from the Norfolk County District Attorney’s Office reviewed the findings of the investigation in a collaborative manner.  There was clear consensus at the conclusion of the investigation that probable cause existed to seek complaints against the driver of the 18 wheel semi-tractor trailer dump truck involved in the crash for the following:

M.G.L. c90§24G (b) Motor Vehicle Homicide by Negligent Operation

M.G.L. c90§14 Precautions for the Safety of Other Travelers

M.G.L. c89§2 Unsafe Overtaking of a Bicyclist

The case was presented to the Norfolk County Grand Jury by the District Attorney’s Office in early December.  Due to the complexity of the case, testimony from a number of investigators and witnesses was heard during the course of several days.  Additionally, over 50 evidence exhibits were submitted to the grand jury. The process concluded on December 13, 2012.  After hearing the testimony by the investigators and witnesses involved in the case, reviewing the accident reconstruction data, viewing the photographs and videos depicting the evidence as well as the simulation of the crash the grand jury did not return a true bill on any of the charges brought before them for consideration.

Law enforcement has reviewed the matter and, after conferring with the district attorneys office and the victims’ family, has determined no further options appear available to pursue criminal charges. The criminal investigation has therefore concluded and the file closed.