A driver is facing charges after a collision with a scooter along Park Road left a man dead from his injuries.
The roadway was shut down for hours late Wednesday night, and it wasn't going to reopen until investigators had their answers to what happened.
Charlotte-Mecklenburg police said a Piaggio Moped, driven by Marty Wayne Thompson was headed inbound from the 3400 block of Park Road around 7pm.
Marty Wayne Thompson
That's when a Honda CRV pulled out in front of him trying to make a left-hand turn.
Thompson slammed on the brakes, and ended up laying the scooter down along the roadway.
Thompson collided with the rear of the Honda, his moped hitting another vehicle nearby.
First responders rushed to the scene, but were not able to save the victim.
Police roped off the area while the investigation began it's early stages. The drivers of both the cars were interviewed, as well as witnesses in the area.
Charges against the driver of the Honda were eventually leveled. Lauren Marie Martindale was hit with misdemeanor death my vehicle as well as failure to yield.
Lauren Marie Martindale
The driver of the Toyota Avalon, the other vehicle involved, was not charged.
Link to WBTV's Story is here.
Cedar's Take: What is wrong with CMPD? A known drug user (Thompson) slams into the back of a Honda CRV and dies. The driver of the Honda CRV (Martindale) is sober, has all the correct papers and insurance, never been arrested and they charge her?
Why is CMPD to quote Ron Lee "Leveling Charges" against this woman, it is clearly pointless and burdens our courts with cases that will be dismissed.
Had he slammed into the side of her car or had she hit him head on, sure charge her. But running up on her and hitting the back of her vehicle is a automatic non qualifier.
Tell me if I'm wrong or too "old school" but my thinking is anywhere from the rear quarter of the CRV back is the fault of the Liquor-cycle rider.
His death while tragic is a simple accident on rain soaked streets at a time when it is normally daylight through out most of the year.
21 comments:
Ron Lee "Over the Top"?
Ha that is the understatement of the week!
According to the article, the driver of the Honda CRV pulled out in front of the scooter.
Does it suck? Yes it does. But it's a law on the books that states the driver committed a violation of NC Motor Vehicle Laws and unintentionally caused a death. NCGS 20-141.4(a2)
If people don't like the law, get the law changed. He hit the back of the car because he laid the scooter down. I would imagine they looked at where the scooter was when she pulled out and made their decision then.
9:55 Thanks for looking it up. Your point taken. If that's the way the law reads then it seems fair by me.
I'm sure there a many contributing factors but that will have to wait for the judge to rule on.
Thanks for your imput.
Cedar
Cedar I hear you the is a lot in what you say that is true. But sometimes we just have to enforce the law as we see it.
At this point its up to a judge and the DA what to do. I expect Martindale will get a reduced charge of some sort.
She looks pretty worked up about the whole thing.
Honestly I think the death by vehicle is a little much but I'd guess she turned right in front of him. Those scooters don't go that fast but with wet road he would have slid a long way before he hit.
Sad night for both people.
If it was you in a car and she pulled in front of you, you wouldnt be singing the same story.
Sometimes those mopdes are all over the road, they seem to think they are driving a vehicle. It is a shame someone died however I wish most would stay off the road because they are a danger to themselves as well as others.
If she had pulled out in front of Marty while he was driving a car, he would be alive today.
As far as traffic laws are concerned, she was wrong to pull out in front of him, but I strongly believe that she simply did not see him as a result of the small moped he was riding and weather conditions being dark and rainy.
She will be at fault under the eyes of the law and will ultimately receive a reduced sentence to misdemeanor death by vehicle, but Marty was at fault in the eyes of common sense. I'm sorry to his family and loved ones for their loss, but driving a moped, riding a bike or going for a jog after dark is just foolish.
OK Everyone Cedar Posts as well it was not a Moped Mo-ped in other words Part Motor Part Pedals. This was a scooter. 100% Safer and Bigger that a Moped.
That being said a rain covered street at night zipping along at 35 mph in traffic, a lot of lights no surprise he just blended in with the back ground.
RIP Marty.
Why not complete the investigation and allow the driver (given her lack of record and that she was not driving impaired) to go home that night? Review everything with the DA in the coming days and decide whether to charge her. Why haul her off to jail unless you are SURE the facts support a prosecution? Was she going to run off in the meantime? No. Was she a danger to others if not taken immediately to jail? No (unless she was DWI). If the situation calls for it, take out a warrant and arrest her later when you're sure. Otherwise, do nothing further and no harm done. Even if the DA dismisses it because he/she finds evidence or common sense doesn't support a prosecution, while I'm sure she'll be somewhat happy, she still went off to jail and will have to answer that she has been charged with a crime for certain education or work applications.
7:49
I'll second that excellent point.
Not sure of the details but if a car pulls out across your path you don't hit them in the rear you hit them in the side. From what I hear is Whear he hit her. And you made a comment about him being a drug user, maybe you should stick to taking pics of boats rather than making comments about someone you don't know anything about in an accidental death. Marty was my cousin, he has an 8 year old daughter and my family and I don't appriciate your demeaning comments. He was not at fault here. It was a horrible accident and I feel bad for the young girl and her family also...
Moped's should be OUTLAWED PERIOD! I knwo one thing license or NOT I would never ride a moped or a bike on these city streets....ever!
I guess if she had committed a couple of rapes, they would have let her go.
I'm confused.. they arrested her on scene? Or the investigation is finished and they got warrants for her?
How about we all hush up and pray/wish/hope these things: 1) That Marty's family can cope for the loss---no matter the kind of person he was or wasn't...user or not...whatever...he WAS loved by some --no doubt..and they are all hurting;
2) That the truth prevails period; it seems the young lady 'turned' before him...though it seems too Marty did travel a bit without his moped and then hit her car with his body...and as many say..there are circumstances and specifics still needing revelation and understanding...
3) We all learn to be better aware during crap weather when we drive...we just need to focus better period. NONE of us are immune from this kind of thing happening to us.
4) getting ugly doesn't make this better
and Happy holidays to all
Tim-
My intent is to provide you and your family some comfort during this very difficult time. I was at the scene of the accident and stood by your cousin until the paramedics arrived. I said a short prayer while a nurse held and caressed Marty's hand. A doctor was one of, and probably the first on scene and he assured me that there was nothing that could be done to save Marty, which leads me to believe that his passing was instant and without agony. My parents passed when I was a child and my heartfelt sympathies go out to his daughter. To address the negative posts of others, this little girl lost her daddy and the pain of this tragic accident will be with her for years to come, as well as with the young girl who was driving the CRV. The accident scene was sad and somber and it was good to see that a few citizens tried to do what they could to help, even if all that could be done was to put aside judgement and hold Marty's hand.
It was a very unfortunate even which happened to both parties. For the deceased and the individual which struck him and both sides will need to be in everyones prayers.
It sounds like from what little has been told, inexperience was running the show out there during the investigation. This case should have been presented to the DA, then let them decide if charges should have been filed or not.
It's just another one of ROMO's way of showing a reduction of crime, through his lies.
The new law (noted early in the post) required the driver to be arrested and charged. The misery and broken lives of that night will be around for everyone, forever. A tragic accident occured with a wretched impact for all involved. From all accounts it does not appear it will be convenient to lay blame anywhere.
Any update?
the girl who got arrested was my third grade teacher. i just dont get why she was arrested
First of all this is Marty's daughter and she got arrested because she failed to yield and killed my father and it was a scooter not a moped and no he didn't drink or do drugs so whoever said that can go f*** themselves just saying I lost my dad over her failing to yield so if anybody should be posting some comments it should be me
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