• Police: Driver who killed cyclist was likely distracted

    By: Alison Grande

    Updated:

    SEATTLE - The driver who police say killed a cyclist last August is now under investigation of vehicular homicide.

    Sher Kung was a new mother and a successful attorney.

    She was riding her bicycle south on Second Avenue in Seattle on August 29th, 2014. A truck turned left onto University Street -- and struck and killed her.

    According to investigators, the driver of that truck was Roberto Garza.

    Court documents reveal that a co-worker, who was also in the truck, called police after the crash.

    He told investigators Garza had been on the phone fighting with his girlfriend before the crash, then texted off and on as he drove down Second Avenue. 

    After the crash the co-worker told police that Garza said -- "Don't tell them I was on the phone."

    Seattle police obtained a warrant so they can search Garza's phone records.

    Even if he wasn't talking or texting at the exact time of the crash, investigators believe he was distracted.

    "I believe there is reasonable suspicion that Garza may have been distracted by use of his cell phone in the minutes leading up to the collision, and that this may have led to his failure to detect and yield to Kung," wrote detective Andrew Norton in the search warrant.

    KIRO 7 called Roberto Garza today to ask him if he was on his phone at the time of the crash. He didn't answer and hung up the phone.

    Seattle Police aren't commenting on the ongoing investigation.

    Jeff Aken with Cascade Bicycle Club works to make streets safer for bicyclists.

    "We really appreciate the work of the police department to continue this investigation to really determine what happened and get justice for Sher (Kung) and all those who ride a bike," said Aken.

    The new protected bike lanes and signals were added ten days after Sher Kung was killed.

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