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DA Announces Decision on Cyclist Incident


No charges to be filed in the death of cyclist Duane Noteboom


Deschutes County Oregon -- August 28, 2008 4:23 PM --

 

Deschutes County District Attorney Mike Dugan

 

Bend Police Report No. 080304910

 

Deschutes County District Attorney Mike Dugan announced today that the Duane Noteboom investigation of death is complete. It is determined that no criminal charges will be filed in this case.

 

On June 24, Mr. Duane Noteboom was riding a bicycle on N.E. Purcell Blvd. near the COSTCO parking lot driveway. Russell Davis was operating a motor vehicle and was exiting the parking lot, turning southbound onto N.E. Purcell Blvd. All witnesses to the event say that Mr. Davis had come to a complete stop (at the stop sign) prior to proceeding southbound on N.E. Purcell. After stopping, Mr. Davis proceeded to exit the driveway. Mr. Davis says he did not see the bicyclist and entered N.E. Purcell after two northbound vehicles activated their turn signals to enter the COSTCO parking lot.

 

Mr. Noteboom appears to have entered N.E. Purcell from an alleyway or driveway on the northwest side of N.E. Purcell. He had the right of way and appears to have had a lawful right to be where he was.

 

A review of the investigation and discussions with the investigating officers reveal that there was no evidence of reckless behavior, no evidence of alcohol or drug use by Mr. Davis, and no physical signs of any impairment.

 

“This was a very tragic accident resulting in the loss of a human life,” said District Attorney Michael Dugan. “Even though no criminal charges are being filed in this case, the event should remind all drivers to be aware of cyclists and pedestrians using the highways.”

 

 


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