A Tempe attorney could have stopped before colliding with a high school bicyclist if his reaction time had not been impaired by alcohol, Mesa police investigating the April 2 fatal collision concluded.
That conclusion was sent Monday to the Maricopa County Attorney's Office along with recommended charges of manslaughter, two counts of endangerment and aggravated drunken driving, according to a police report released Tuesday.
Police concluded Yong Jin Kim, 18, crossed the road "improperly" at Rogers Street and Guadalupe Road, but Keith Alan Moore, 51, caused his death, according to the report.
"Kim and Moore would have been approximately 120 feet apart" if Moore had reacted normally, the report alleges. Officers used three different mathematical formulas based on certain assumptions to determine Moore was traveling between 31 and 43 mph. Moore was traveling west on Guadalupe when he crashed into Kim, who was crossing northbound at Rogers Street. Kim was flung into the air and hit his head on a light pole.
Moore, who court records show has a long history of alcoholism, first denied drinking that day but later told investigators he drank some vodka about seven hours before the crash. A blood test showed he had blood alcohol content of .226 percent, well above the legal limit of .08 percent.
He also said roadside sobriety tests gave a false reading because he suffers from an eye condition that causes him to see quadruple.
"We were going 35 mph just driving down the road and this kid came out and turned in front of us," Moore said in a police interview. Police reported that he swayed at the scene, slurred his speech and had trouble giving his address.