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Sacramento bicyclist hit in alleged road rage collision continues search for justice

Search for justice continues after 2023 alleged road rage collision in Sacramento
Search for justice continues after 2023 alleged road rage collision in Sacramento 03:19

SACRAMENTO — A Sacramento bicyclist is still searching for justice after an alleged road rage incident between her and a truck driver last year.

Sherry Martinez spoke with CBS13 from her hospital bed following the crash in August 2023.

Police say Kaleb Taubman, 30, purposely drove into Martinez while she was on her bicycle with her cycling group going down 24th Street. He was arrested after the collision for assault with a deadly weapon. He has since been released and is awaiting a case date.

"I'm alive, and I am looking around and he doesn't have any consequences," Martinez said.

The apparent road rage attack almost took her life.

"I did about three rolls on my bike and I was unconscious for about 10 minutes," Martinez said.

Martinez's bandages and bruises may now be gone, but Taubman has not faced any charges with the district attorney's office.

CBS13 asked Sacramento attorney Mark Reichel, who is not representing Martinez or is involved in this case, if similar cases he has seen in the past usually get prosecuted.

"If it's what you are telling me, then I can't believe there wouldn't be criminal prosecution," Reichel said. "I am sure there will be eventual criminal prosecution."

Reichel said someone with no prior record could see seven years in prison if convicted.

"I deserve justice, not just for myself, but for other people who get recklessly hit by people who think driving a car is like Grand Theft Auto," Martinez said.

Reichel said justice may not have been served yet because they are still gathering evidence before making a final filing.

CBS13 reached out to the Sacramento County District Attorney's Office about the case and was given the following statement:

"This case was submitted to our office on 8/14/23. After our review, we had additional questions that we needed answered before we could make our filing decision. As such, the case was declined and referred to the Sacramento Police Department for further investigation. At this time, we have not received any additional evidence. We will again contact the Sacramento Police Department for our requested follow up."

On Tuesday, a spokesperson for the Sacramento Police Department said there is no one assigned to the case. But the police released the following statement on Wednesday:

"Officers made an arrest the day of the incident and booked the individual at jail for assault related charges. The case was sent to the DA's office for filing and review. The DA declined to file due to conflicting statements obtained at the scene."  

The police department said the district attorney asked if there was any surveillance footage of the incident, but said no footage was collected.

Martinez has been back on the bike since the crash.

"I do deal with a lot of anxiety. However, I am strong and I tell myself I am strong," Martinez said.

She never questioned if she would bike again after recovering, but she does question why the driver who hit her still walks free.

"I would hate to see him still being able to drive and take someone's life," Martinez said.

Martinez said she spoke with an officer on Wednesday, who told her the man arrested said it was an accident and that it may be hard to prove intent without any footage.

The police department told CBS13 that officers spoke with multiple witnesses, including people in the cycling group and people who saw the crash and were not in the cycling group.

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