DA's office says victim's use of crosswalk made difference in charges for deadly auto-pedestrian accidents

Published: Sep. 26, 2017 at 10:32 PM MDT
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Two different deadly crashes in Colorado Springs, two different outcomes in the cases.

Both crashes involved elderly pedestrians and a driver who abruptly reversed their vehicle into their pedestrian's path.

One driver, who was the head of the local GOP, got his charges dismissed by the 4th Judicial District Attorney's office. The DA is a Republican.

According to our partners at The Gazette, the other driver got probation.

The first crash happened in March, when former El Paso County Republican Chairman Trevor Dierdorff

79-year-old flower shop owner Mel Tolbert. Police said Tolbert was walking across a parking space on Tejon as Dierdorff was backing his car into it. Tolbert was badly hurt and survived just a week before succumbing to his injuries.

Dierdorff, 45, was charged in the death, but the charges were dismissed just hours later.

, 26-year-old Ricardo Trevizo overshot a stop sign at Baylor Drive and East San Miguel Street and reversed to get out of the intersection. He hit 86-year-old Manuel Peak, who was crossing the street. Like Tolbert, he died several days later. Trevizo pled guilty Tuesday.

The district attorney’s office says the big difference between the cases is Peak was crossing in a crosswalk, while Tolbert was not. The office told 11 News those two things made all the difference.

One police source told 11 News he was surprised the charges in the March deadly crash were dismissed.

The district attorney’s office says they couldn't prosecute the case because the victim was not in the crosswalk.

Trevizo will get two years probation and 250 hours of community service.