Fatal accident result of excessive speeds
June 4, 2003
The car that collided with Linda Chittenden’s vehicle, resulting in her death, was speeding excessively, police officials said.
The Volvo was traveling more than 50 mph, said Ames Police Cmdr. Jim Robinson.
Investigations into the crash revealed 15-year-old Tim Lozano, the driver of the 1990 blue Volvo, failed to stop for the posted stop sign, Robinson said.
According to court documents filed by the Story County Attorney’s Office, one passenger of the car estimated the speed of the Volvo to be 70 mph.
Ames Police Sgt. Jim Johnson was in charge of reconstructing the accident to determine the speed of the vehicle.
Johnson was unable to be reached for comment for the past week.
Chittenden, 1411 Harding Ave., died when the Volvo crashed into the driver’s side door of her 1998 Ford Contour May 18 at the intersection of 16th Street and Roosevelt Avenue. Police responded to the accident at 10:42 p.m.
The Volvo is registered to John Hauptman, 2328 Donald St., an ISU professor of physics and astronomy. Robinson said Hauptman’s son was one of the passengers in the vehicle.
Presently, only Lozano faces charges, Robinson said.
Lozano is charged with vehicular homicide, involuntary manslaughter and fleeing the scene of the accident.
Lozano did not have a license, only an Iowa Instructional Permit. The instructional permit does not allow unsupervised driving.
A hearing is scheduled for June 16 to determine whether Lozano can be tried as an adult.
“The burden of the state is essentially to be able to demonstrate that there are better remedies available in adult court,” said Stephen Holmes, Story County Attorney.
The minimum age for a person to be tried as an adult is 14 years old, Holmes said.
“Under law you can’t waive a person [to adult court] who is under the minimum age, regardless of the crime,” he said.
Vehicular homicide is the most critical charge, Holmes said. It is a C Felony, which is punishable by up to 10 years in prison. Holmes said if Lozano is convicted of both vehicular homicide and fleeing the scene of the accident in adult court, he must serve 85 percent of the sentence before eligible for parole. If convicted of both charges, Lozano faces a minimum of eight and a half years in prison, he said.
Holmes said he is not sure if he will pursue convictions under both charges.
If convicted of manslaughter, Lozano could face another 5 years in prison, which would likely merge with the sentence for vehicular homicide due to the similar nature of the crimes Holmes said. Lozano is facing a maximum of 15 years in prison, he said.
The state plans to try Lozano as an adult because it feels Lozano cannot be rehabilitated, according to the juvenile detention form filed by the Story County Attorney’s Office. Holmes declined comment on matters directly relating to the case. He said it would be unethical to “slant” the subject matter.