A prosecutor has refiled a charge against Gavin Haley after a jury deadlocked earlier this month on whether the Garden City man was guilty of leaving the scene of a fatal accident.
Deputy Ada County Prosecutor Scott Bandy decided last week to try Haley, 31, a second time for the fatal 2013 wreck involving bicyclist Victor Haskell on State Street in Boise.
A pretrial conference is scheduled for Nov. 17 before Senior 4th District Judge Renae Hoff, who presided over the first trial. The new trial is scheduled to begin Nov. 30.
Jurors deliberated for eight and a half hours on June 5 but could not reach a unanimous decision on whether to convict or acquit Haley. Their deliberations came after three days of testimony.
Generally, defendants cannot be tried twice for the same crime, but an exception to double jeopardy restrictions applies when a jury is deadlocked.
Haskell, 53, was riding his bicycle back home to Garden City after getting off work as a dishwasher at a Boise restaurant when he was struck on State Street at 30th Street in the early morning of Sept. 27, 2013.
Bandy contended Haley, now 31, knew he struck something but did not investigate to see if he struck a person and did not notify police. The defense said Haley stopped his vehicle and looked around but could not see anything in the dark and rainy conditions.
Defense attorney Jon Cox said he believed the jury had a hard time deciding whether his client was guilty when construction workers, a police officer patrolling in the area and other passersby did not notice Haskell’s body the next morning in the daylight.
Authorities believe Haskell was riding on the sidewalk but went into the street as he approached a construction zone where the sidewalk was blocked. He was struck 41 feet before the construction zone, where a series of plastic orange barrels in the street marked the zone.
The prosecution contended Haskell was struck directly from behind. The defense claimed Haskell’s bicycle was pointed slightly left when it was struck, suggesting Haskell was riding into the path of Haley’s SUV.
Haley, a chef at a Boise restaurant, had finished work and gone to a bar, where he drank three beers, before he drove home.
Haskell’s body was found eight hours later, after it was light, several feet from the road in a small hole caused by the sidewalk construction.
Haley turned himself in the next day, after police issued bulletins saying they were looking for the driver of a dark Land Rover SUV.