Juvenile could be prosecuted as adult
May 21, 2003
The Story County Attorney’s office filed a juvenile detention form Tuesday, seeking to prosecute Tim Lozano as an adult, the driver in Sunday’s fatal hit-and-run accident.
Lozano, 15, is charged with vehicular homicide, involuntary manslaughter and fleeing the scene of an accident.
The form, filed to the Story County Courthouse by Asst. Story County Attorney Richard Early, requests a hearing to waive Lozano from juvenile court.
Story County Attorney Stephen Holmes said the hearing would determine if Lozano could be tried as an adult. If the court permits the waiver hearing, Holmes said he thinks they will try Lozano as an adult.
“It is one of those things that is an option,” Holmes said. “It’s a very serious matter.”
The hit-and-run accident resulted in the death of Linda Chittenden, 1411 Harding Ave. Chittenden was killed when the blue 1990 Volvo Lozano was driving struck her Ford Contour on the driver’s side door.
The Ames Police said the Volvo failed to stop at a posted stop sign on Roosevelt Avenue.
After the collision occurred, Chittenden’s vehicle was forced onto the lawn of the northwest corner of the intersection, said Ames Police Sgt. Jim Johnson.
“As the car slid out of control, it struck the stop sign for southbound Roosevelt. [The impact] uprooted the sign in the process,” Johnson said.
“The stop sign did not contribute to Chittenden’s demise,” he said. “It was the collision that was responsible for the injuries and death.”
Johnson is in charge of recreating the accident to determine the speed the cars were traveling.
Currently, Johnson has not determined the exact speed of the Volvo, but he said it was traveling at a high rate of speed.
Johnson expects to have the speed by next week.
According to the court documents filed by Early, a passenger of the Volvo estimated its speed at 70 mph.
John Hauptman, 2328 Donald St., the owner of the Volvo, could not be reached for comment. Hauptman, 56, is a professor of physics and astronomy at Iowa State.
Ames Police Lt. Mike Brennan said five teenagers were in the station wagon. Lozano did not have a license, just an instructional permit.
Brennan also said all of the teenagers in the vehicle were around the age of 15, but he did not have their exact birth dates.
The Ames Police also believe alcohol was involved.
Brennan said he was on the scene with the officer attending Lozano. “What happened was [the occupants of the Volvo] all left the scene,” Brennan said. “Maybe 10 minutes later Lozano appeared back and admitted being an occupant.”
It was not discovered that Lozano was the driver until the other occupants were found, Brennan said.
Brennan said Lozano had only been in Ames a short time, although he lived here before. He said he believed Lozano was not attending school.
Mike McGrory, principal of Ames High, confirmed Brennan’s statement. McGrory said he did not believe Lozano attended any Ames schools.
“He didn’t attend Ames High,” McGrory said. “His actions are not representative of our students.”
Holmes said to his knowledge, charges are not being brought against the other occupants of the Volvo.
Lozano is being held at the Eldora State Training School for juvenile offenders.