July 25, 2024
The driver who fatally struck cyclist Barbara Friedes last week in Center City allegedly had a blood-alcohol concentration that was twice the legal limit in Pennsylvania and was driving as fast 57 mph when he hit her from behind, sending her body at least 150 feet from where the collision occurred, prosecutors said Thursday.
Michael Vahey, 68, has been charged with vehicular homicide, driving under the influence of alcohol and related offenses, Philadelphia District Attorney Larry Krasner said at a press conference. He surrendered to police Wednesday night following his release from the hospital and an investigation into the July 17 crash.
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Friedes, 30, a third-year pediatric resident at Children's Hospital of Philadelphia, was riding in the designated bike lane on the 1800 block of Spruce Street around 7 p.m. when Vahey's blue 2018 Volkswagen swerved into the bike lane and hit her, police said. Vahey allegedly was attempting to get around other cars at the time of the crash. Video evidence shows he ran over multiple plastic bike lane dividers, crashed into several parked cars and nearly struck a pedestrian, prosecutors said.
A toxicology report found Vahey allegedly had a blood-alcohol concentration of 0.16, prosecutors said.
Vahey, who was injured in the crash, spent days in the hospital during the investigation, but he had been released as of Monday, police said. He is expected to be arraigned Thursday, and prosecutors intend to seek bail at $1 million.
"Despite the fact that this defendant has no prior record, obviously the crime is horrible," Krasner said. "The outcome is almost unspeakable."
Assistant district attorney Katherine Wood noted at Vahey's arraignment that he did have a prior DUI conviction in 2009, after he drove the wrong way down Pine Street near 10th Street. In that incident, Vahey had a blood alcohol content .20. The conviction was expunged from his record after he completed a court-ordered drug and alcohol rehabilitation program.
The crash that killed Friedes drew outrage from traffic safety advocates and cyclists, who say the city has fallen short of its commitment to safe streets and should have installed concrete barriers to prevent cars from entering bike lanes. The plastic flex posts installed along Spruce Street and many city bike lanes can be run over by cars.
"In 2009, we also recommended a protected bike lane on Spruce and Pine, and that request was rejected," Nicole Brunet, policy director for the Bicycle Coalition of Greater Philadelphia, said at the press conference.
The crash that killed Friedes coincided with two pedestrian collisions elsewhere in the city on the same day, including one that killed a 38-year-old man in Kensington. Two more pedestrians were killed in crashes over the weekend, police said.
Cycling advocacy groups held a vigil for Friedes at the scene of the crash near Rittenhouse Square on Sunday. They and others have criticized Mayor Cherelle Parker for decreasing funds for Vision Zero projects by about 60% in the city's latest budget, despite her public commitment to the initiative in March. Vision Zero seeks to end all traffic fatalities by 2030.
"We are again asking our city officials and decision makers to invest in Vision Zero and build protected bike lanes — real protected bike lanes — all over the city for vulnerable users, for drivers, for the safety of all Philadelphians. We are also asking our state officials to stop dragging their feet and allow parking-protected bike lanes on state roads."
The charges against Vahey also include involuntary manslaughter, recklessly endangering another person and speeding.
Philadelphia Police Commissioner Kevin Bethel said it took more than a week to file charges against Vahey, because crash investigations are complex and methodical.
"The immediacy is not about blowing into a breathalyzer," Bethel said. "We have to have a much more complex process to make sure that we have a strong case."
Krasner said the charging guidelines for crashes run up against a "fuzzy line" when determining what crimes were committed. He said additional charges could be filed against Vahey based on further investigation.
"We understand that there are crashes that are more accidental in nature and then others that are more criminal in nature," Krasner said. "But recklessness can be criminal. Negligence can be criminal."
The district attorney added that there is "little doubt" that if the bike lane on Spruce Street had a cement barrier or was separated from the traffic lanes by a row of parked cars, Friedes would not have been killed.
Through the first six months of 2024, the Bicycle Coalition of Greater Philadelphia recorded 52 traffic-related deaths in the city. That's the lowest total for the first six months of a year since 2019, when there had been 48 fatalities. Friedes is the first cyclist to be killed in a crash in Philadelphia this year. Last year, 10 cyclists died in crashes in the city, officials said.
In the wake of Friedes' death, the Bicycle Coalition also has called on city leaders to end the practice of allowing cars to park in bike lanes on weekends and to replace "No Parking" signage with "No Stopping" signs in bike lanes.
Krasner said he's hopeful the city will take steps to protect the safety of cyclists and pedestrians in Philadelphia.
"The consequences are horrible and we intend to prosecute this case justly and vigorously — and to do what we can to not only make sure there is accountability in this case, but do what we can to make sure we do not have these accidents in the future to the extent we can," Krasner said.