The police will recommend pursuing charges of vehicular manslaughter against David Rosen.
SourceMARTINEZ -- Police have recommended vehicular manslaughter charges against a 17-year-old from Concord in the deaths of a father and daughter struck by his errant SUV and killed while bicycling on a Concord sidewalk.
Concord detectives met with Contra Costa prosecutors Thursday morning to present the results of their two-month-long investigation, and the attorneys are reviewing a "mountain of evidence," said Concord police Lt. Bill Roche.
"We recommended it as a vehicular manslaughter case, but it's really up to them," he said, referring to county prosecutors. "It's a matter of what the evidence will bear and their analysis of it."
The District Attorney's Office would not comment on the case Thursday, but it has the authority to determine whether to charge teen driver David Rosen *as an adult, and whether to charge vehicular manslaughter as a felony, if it agrees with the police recommendation. Vehicular manslaughter can carry a sentence of up to 10 years in prison.
Police said Rosen was speeding down Treat Boulevard about 9:30 a.m. April 7 when he lost control of his SUV, jumped a sidewalk curb near Oak Grove Road and struck three members of a Concord family.
Solaiman Nuri, 41, died at the scene, while his 9-year-old daughter, Hadessa, died at John Muir Medical Center in Walnut Creek, where her mother works as a trauma nurse. Twelve-year-old Hannah Nuri suffered minor injuries.
"The Nuri family feels very strongly
he should be treated as an adult," said attorney Michael Cardoza, who represents the family. "Even though he was only 17, he committed an adult crime and took on adult responsibility. Even if he is tried with gross vehicular manslaughter, the penalties aren't nearly enough."
Rumors have swirled over whether the teen had been distracted by a cellphone, but police and prosecutors were not willing to share specific evidence before charges were filed, Roche said.
Among the evidence presented, police focused on driver distraction issues, physical evidence, statements by involved parties and witnesses, mechanical review of the SUV and driver impairment.
"It's been a top-priority case for Concord PD," Roche said. "Our priority has been to give a thorough and accurate investigation."
That Saturday morning, Solaiman Nuri and his daughters were wearing helmets while out on a bike ride, while his wife was at their nearby home preparing breakfast for when they returned.
Police said Rosen had swerved to avoid hitting a car in front of him just before he lost control of the 2002 Cadillac Escalade. He struck the bicyclists, sheared off a fire hydrant and careened into the brick facade of a medical office building next to the Contra Costa Fire District's training center.
In the weeks before the crash, Rosen had proudly posted pictures of his Escalade on social media sites. His friends said the Olympic High School student had only had his driver's license for about six months. Witnesses said he was traveling much faster than the 45 mph speed limit posted on Treat Boulevard.
The crash struck a nerve in the community. Hadessa Nuri was a student at Woodside Elementary School and a Girl Scout; Solaiman Nuri, a driver at the Port of Oakland, coached his daughters' soccer teams. He had immigrated to Concord from Afghanistan about a decade ago and was heavily involved in the local Afghan community.
"I think the community will go ballistic if the decision is made not to try (Rosen) as an adult," Cardoza said. "It hits us close, shows us it can all end in a heartbeat, and it's left scars with the survivors that will last a lifetime."
During the police investigation, Concord detectives reconstructed the accident and vetted Rosen's cellphone records to determine whether he was talking on the phone or texting. They did a full toxicology screening of his blood, as well.
Defense attorney Dirk Manoukian, a former county prosecutor unaffiliated with the Rosen case, said the teen could face charges ranging from misdemeanor or felony vehicular manslaughter to murder, depending on what occurred. The more serious the charge, the more likely a teen will be prosecuted as an adult.
Rosen's inexperience as a driver and the factors surrounding his conduct will weigh heavily in prosecutors' analysis in reaching the appropriate charge, Manoukian said.
"They'll have to consider every detail related to the accident and answer the question: Was this caused by simple negligence or gross negligence where the person showed a reckless disregard to human life?" Manoukian said. "There are some cases where a driver's conduct is so outrageous that it satisfies the requirements for an implied malice murder, but that is very rare and very difficult to prove in vehicular manslaughter cases."
He will be getting out today, due to some law process (information below). I'm curious to see what will happen, will he be flocked with reporters? With haters? It'll be interesting to say the least.
SourceThe suspect in the fatal collision that killed a father and his 9-year-old daughter, who were bicycling on Treat Boulevard in Concord on Saturday, is expected to be released from juvenile hall on Tuesday, according to sources.
The 17-year-old suspect, identified by friends as David Rosen, is still in custody, and the investigation is continuing.
Police tell Claycord.com they have a lot of work to do before the District Attorney decides whether or not to file charges against the suspect.
Some of the issues they have to address are:
Analysis of the physical evidence (determination of the sequence of events based on physical evidence)
Review statements of involve parties and witnesses; seek additional witnesses
Mechanical review of the Escalade (suspect vehicle) to determine mechanical ability at the time of the collision
Determine if any driver distraction/or inattention issues (Texting, speaking on cell phone etc.)
Any driving impairment issues (Drugs or alcohol)
Police say they would anticipate the driver impairment chemical results would take a couple of weeks to be returned. The cell phone issue also has several layers as the cell phone will need to be forensically analyzed and they will need to get phone records from the cell phone company.
Before killing Solaiman Nuri and his 9-year-old daughter, Hadessa, the suspect was allegedly speeding down Treat Boulevard, according to witnesses.
SourceCONCORD -- A speeding teen driver lost control of his sport utility vehicle, jumped a sidewalk and struck a Concord family out for a morning bike ride Saturday, killing a father and his 9-year-old daughter and injuring his 12-year-old daughter, authorities said.
Solaiman Nuri, 41, and his younger daughter, Hadessa, were killed in the crash along Treat Boulevard, near Oak Grove Road, said Concord police Lt. Bill Roche.
Nuri's older daughter suffered minor injuries not considered life-threatening and was treated at a hospital, Fire Marshal Lewis Broschard said. Authorities are not releasing her name at this time.
The driver in the crash -- identified by friends as David Rosen, 17, of Concord -- suffered minor injuries and was transported to a different Contra Costa County hospital, authorities said. He later was arrested on suspicion of manslaughter at the Concord police station, Roche said.
"Witnesses said the vehicle was traveling at an excessive rate of speed," Broschard said.
Rosen will be held at Contra Costa County Juvenile Hall in Martinez this week while investigators consult with the District Attorney's Office about the case, police said.
The accident occurred about 9:30 a.m., when the father and his two daughters, all wearing helmets, were on a regular family outing -- riding bicycles along a Treat Boulevard sidewalk, Broschard said.
At that same time, Rosen, who was driving west on Treat Boulevard, swerved to avoid a car in front of him as he sped through an intersection and lost control of the white 2002 Cadillac Escalade, authorities and witnesses said.
The vehicle struck the bicyclists, sheared off a fire hydrant and careened into the brick facade of a single-story office building next to a fire station, authorities said.
Solaiman Nuri was pronounced dead at the scene.
As water gushed from the mangled hydrant, firefighters from a nearby station found Hadessa on the sidewalk, unconscious and not breathing. They performed CPR on her while she was transported by ambulance to John Muir Medical Center in Walnut Creek; the Woodside Elementary School student was pronounced dead there, Broschard said. The girl's mother works as a trauma nurse at the hospital, a family member said.
Massood Sarwari, Solaiman Nuri's cousin, arrived at the crash scene late Saturday afternoon. Sarwari said the family frequently went on bicycle rides together, and the sisters were both soccer players, describing them as "very close, almost like twins."
"To see one pass away is just horrific," Sarwari said. "What it would cause the other daughter, and the scar it would leave on her life for the rest of her life would be just unbelievable. ... The whole family is just distraught."
The father, who moved to Concord from Afghanistan more than a decade ago, coached his younger daughter's under-13 girls soccer team, Aria Sports Club, a nonprofit serving the Afghan community across the Bay Area.
Friends of the family visited the crash site late Saturday, placing flowers and candles next to a tree. Hadessa's teammate Marjana Akbar, 11, placed two lit vanilla-scented candles at the makeshift memorial, saying it was her friend's favorite scent.
Susan Surls, a Concord woman who witnessed the crash, said the moments after the crash were chaotic. She first checked on the victims on the sidewalk, then approached the SUV's driver.
Rosen stood next to the vehicle with a deployed air bag and told witnesses he was the driver.
"He just looked shocked to me," she said.
After the crash, Rosen called his friend Adam Gartside, 18, of Walnut Creek, who lives within walking distance of the crash.
"He said he'd lost control, and he may have killed some people," Gartside said. "He was frantic, in shock. It was really hard to believe."
Rosen attends Olympic High School, a Concord continuation school, since graduating from Pleasant Hill Middle School. He lives with his parents in Concord and is unemployed, spending his free time fixing up his SUV, which he owned for about six months, with custom wheels and an expensive sound system, Gartside said.
Zuhair Bhatti, a clerk at Cork 'N Bottle liquor store across the street from the crash, said the teen driver came in his store nearly every afternoon to buy soda.
"I was working, and I heard the crash and people screaming," said Bhatti, who ran across the street to help. "The kids were on the ground -- one screaming and one (who) wasn't awake."
Authorities said they are investigating the crash, which occurred in a 45-mph speed zone, but one witness said the driver raced through the intersection and flipped numerous times.
"He was trying to make the light," said Ty Ross, an employee of Oil Changers at that intersection. "The guy was speeding down the street and hit the guy and his daughters."
A city engineer was at the scene Saturday to evaluate the structural integrity of the building where the vehicle crashed, Broschard said.
The biggest fucking thing about this whole mess is that I knew this kid, and he always seemed like a bad kid, a gangster wannabe. This entire situation is trash, and there is no justification for what happened, he was supposedly going 80 mph in a 45 mph zone, and was, allegedly, texting at the same time...His facebook is full of people saying shit like:
People defending his actions, and jumping on people that say what he did was incredibly stupid...This is just a tragedy for my area, and at first I was actually defending him a bit, saying shit like "well you know, everyone makes mistakes, but his just ended up awfully!" But then I learned he was going 80 mph, dangerously changing lanes, could have been texting...just...no justification for that shit.
Reddit link of one of the posts by Demitri
Anyway, pics of the kid below to paint a picture of him I suppose. Even some with his car, and I'll even post one from the article of his destroyed car.
And the police report: