A basic Texas Department of Transportation crash report indicates that a 71-year-old Harlingen man has been charged with criminally negligent homicide in the Aug. 19 death of a Brownsville cyclist.
A basic Texas Department of Transportation crash report indicates that a 71-year-old Harlingen man has been charged with criminally negligent homicide in the Aug. 19 death of a Brownsville cyclist.
The document shows that the Texas Department of Public Safety charged Armando Aguirre Hernandez with one count of criminally negligent homicide for the death of 47-year-old Rosa “Rosy” Isela Romo in Harlingen last month.
Romo died after a gold colored 2009 Ford F-250 driven by Hernandez struck Romo and Susana Leal on FM 106 east of FM 509 just outside of Harlingen city limits at 7:14 a.m. while the pair participated in a bicycling event. Romo and Leal, who suffered a broken bone in her left leg, were taken to the hospital by Harlingen EMS and Romo died at 7:57 a.m., according to the TxDOT report.
According to a brief investigator’s narrative, Hernandez was driving east while Romo and Leal were cycling on the improved shoulder ahead of Hernandez’s Ford F-250.
Hernandez told the DPS investigator that his vision was impaired due to sunlight, or glare, associated with the sunrise, according to the report.
“(Hernandez) drove at an unsafe speed due to visibility and was unable to properly negotiate the curve by failing to drive in a single lane,” the report states. “As (Hernandez) failed to drive in a single lane, (Romo) attempted to pass (Leal) on the left side of the improved shoulder. A witness advised that (Romo) was still in the improved shoulder at the time of passing.”
That is when the front right of the Ford F-250 driven by Hernandez struck the back of Romo’s bicycle, according to the report.
The DPS investigator noted that the Ford F-250’s right side tires were in the improved shoulder at the time of impact, according to the report.
“The momentum of the impact caused (Romo) to be catapulted forward and impacted (Leal),” the report states.
That impact catapulted Leal off of her bicycle into a ditch and Romo came to a rest on the ground next to the improved shoulder, the report indicates.
The report notes that the speed limit on that stretch of road is 55 mph, but the document doesn’t indicate the exact speed Hernandez was believed to be driving at the time of the crash.
The report doesn’t indicate if Hernandez has been or was arrested.
The Brownsville Herald also filed a Texas Public Information Act for DPS’ complete accident report, but DPS has asked the Texas Attorney General to shield the information from public disclosure, arguing releasing that information “would interfere with the detection, investigation, or prosecution of crime.”
DPS would also like to withhold photographs and videos that illustrate the accident.
On Tuesday, DPS Spokesman Lt. Johnny Hernandez said the case is still under investigation, but it would be prepared and submitted to the Cameron County District Attorney’s Office for review.
