GOODYEAR, AZ — The Maricopa County Attorney's Office has announced felony charges will not be brought against Pedro Quintana-Lujan and is instead referring the case back to the City of Goodyear for misdemeanor charges if city prosecutors feel it is necessary.
In February, Quintana-Lujan crashed into a group of bicyclists in Goodyear, killing two and injuring nearly 20 others. The crash happened as the group of cyclists were traveling on the Cotton Lane Bridge just south of MC 85.
On Thursday, Maricopa County Attorney Rachel Mitchell said, “The crash Quintana-Lujan caused was horrific. He took away lives and left so many more people badly injured and deeply traumatized.”
RELATED: Injured Goodyear cyclist home after deadly group crash in February
Twenty cyclists had injuries from minor to severe, and not everyone needed to go to the hospital. However, two people died, 61-year-old Karen Malisa from Goodyear and 65-year-old David Kero from Michigan.
After the crash, the Goodyear Police Department recommended felony charges, however, the Maricopa County Attorney’s Office sent the case back for additional investigation, releasing Quintana-Lujan from jail since there was not enough evidence to hold him. Over the summer, the police department re-submitted the case.
Finally, on Thursday, the victims met with the attorney’s office for substantial news they had been waiting for, but it was not what they wanted.
Starting with a sigh, the group’s attorney, Benjamin Dodge, said Thursday was a “tough day.” Clay Wells was the last victim to be released from the hospital back in May. He had just started to learn to walk again when ABC15 talked with him back then. To this day, he is still working toward getting back on the road to ride again.
“It was a tough decision, but I'm not going to let an individual rob me of something that means so much to me,” he said.
The unimaginable pain is still felt by Steve Malisa, Karen’s husband. He’s disappointed that the county attorney will not pursue felony charges.
“I would think that something of that magnitude would have a little difference but that’s what disappoints me the most is that so many people are affected. It’s not just the 18 people, it’s the families. It’s people all over the state that responded,” he told ABC15.
According to a review of evidence by MCAO, Mitchell said Quintana-Lujan was not speeding and did not have alcohol in his system at the time of the crash. MCAO also determined he was not distracted while behind the wheel. While he did have a small amount of THC in his system, MCAO points out that Arizona law doesn't set a standard for proving impairment by THC only.
“A team of top attorneys in my office spent months on an extensive review of the evidence in this case. Before we take any matter to court, including this one, we must determine whether the evidence supports a reasonable likelihood of conviction. We found that the evidence in this case is not sufficient to obtain a felony conviction. Yet, I am not willing to let this drop. I made the decision to refer the case to the Goodyear City Prosecutor so they may evaluate the case and make their own charging decisions,” Mitchell stated.
Mitchell added that the pickup truck driven by Quintana-Lujan was inspected by its manufacturer and an independent expert. She said they had found no mechanical failure, but somehow the crash still happened.
In initial police records, Quintana-Lujan told police his “steering was locked and started to drift…”
The National Transportation Safety Board is also investigating the crash. As of Thursday, NTSB spokespeople told ABC15 it is still under investigation.
Goodyear Police Department released the following statement regarding Mitchell's decision:
The Goodyear Police Department was informed by the Maricopa County Attorney’s Office of their decision to not proceed with prosecution in the February 2023 Cotton Lane Bridge Bicycle case. We remain confident in our thorough investigation, and we believe the evidence, facts and circumstances meet the statutory elements for multiple felony and misdemeanor offenses. We are disappointed in the County Attorney’s decision as it relates to the felony charges. The Goodyear Police Department remains dedicated to this case and the individuals impacted.
Once we receive the Maricopa County Attorney’s official document declining the felony charges, the Goodyear Police Department will then submit the case to the Goodyear City Prosecutor’s Office for the filing of potential misdemeanor charges.
