Colorado traffic flagger charged with negligent homicide in death of bicyclist at work site

A 64-year-old man in Northern Colorado was charged last week for allegedly placing a woman on a bicycle into harm's way earlier this summer. The woman was run over by a semi and killed at the site of a street repaving project. 

Rudolph Baldivia of Fort Collins was booked into the Larimer County Jail on Wednesday on a single count of criminally negligent homicide. 

Investigators filed a warrant for Baldivia's arrest the previous day, signaling the end of a four-month investigation into the July 6 incident and the beginning of its court case. 

Catherine Withrow, a 53-year-old middle school teacher and Fort Collins native, was killed in the collision. 

According to the arrest affidavit, Baldivia was working as a flagger at the intersection of Mulberry and Whedbee Streets near downtown Fort Collins. The city's project had closed both westbound lanes and one eastbound lane at the intersection.

When Withrow approached, the affidavit says Baldivia raised his arm and waved the bicyclist into the intersection from where he stood at the front of a line of tractor-trailers waiting to be filled with material from the street's milling. He pointed to the ground, motioning where he wanted her to stop within the intersection, not in a crosswalk, according to the affidavit. Withrow, straddling her bicycle with one foot on a pedal, pushed her way to that location. 

One witness described them as standing about two feet from the front bumper of the first truck in line.

Twelve seconds later, an order came over the project's radios to advance that truck into loading position. The truck driver proceeded forward, striking both the bicyclist and the flagger standing at the passenger side of its front bumper. The bicyclist fell to the ground as the bicycle leaned over from the impact. Baldivia, too, was hit and went to the ground.

He was able to roll away from the path of the vehicle's wheels. Withrow was not. 

Dashcams aboard two other trucks at the project captured video of the crash.

The arrest affidavit noted that Baldivia was properly outfitted at the time with a yellow reflective safety vest and hard hat. However, it says he left his hand-held traffic sign at the "Road Closed" barricade at the edge of the intersection. Without it, the semi driver was unable to see the two people at the front of his truck. In fact, according to the affidavit, a seated driver cannot see the ground over the center of that truck's hood for 42 feet beyond its front bumper. 

The affidavit says the hand-held traffic sign was the only direct form of communication between Baldivia and the truck driver at the time. 

Investigators researched safety manuals and policies from the Federal Highway Administration, the Occupational Safety and Health Administration, the Colorado Department of Transportation and the City of Fort Collins. In summary, "It is standard practice for flaggers to carry their STOP/SLOW paddle at all times while in a work zone," as stated in the affidavit. 

It also states that investigators consulted a safety expert who called Baldivia's actions "a gross deviation from the standard of care" required of flaggers.

According to the affidavit, Baldivia has been employed as a certified flagger for eight years and was "often requested specifically for some jobs" due to his experience. He was most recently recertified by CDOT in March. 

Baldivia made his first court appearance Thursday. He was released from jail that day on a $25,000 bond and is expected back in court this week. 

CBS Colorado has reached out to Baldivia with a request for comment.