SARATOGA SPRINGS — An Eagle Mountain man was charged Monday with hitting a bicyclist with his SUV, allegedly because he lost his temper.
Daven Scott Smith, 57, is charged in 4th District Court with aggravated assault with a road rage penalty enhancement, a second-degree felony; reckless driving with a road rage penalty enhancement, a class A misdemeanor; and operating a vehicle within three feet of bicycle, a class C misdemeanor.
Smith was driving on Pony Express Parkway Wednesday. A man was also riding his bicycle on the road and says “he was traveling in the main lanes of traffic because the bike lane was unsafe with roadway debris,” according to charging documents.
At some point, the cyclist claims Smith cut him off. The two men then went back and forth at each other, with Smith swerving into the bicycle after the cyclist got in front of him again, followed by the bicyclist hitting the SUV’s driver and passenger side mirrors, the charges state.
The cyclist told investigators that he “reentered the bike lane when the area was clear of debris.” But after crossing Redwood Road, Smith allegedly swerved into the bicycle again, causing the man to crash.
“Witnesses stated that it appeared that (Smith) intentionally hit the cyclist with his vehicle and (he) initially left the scene but then returned,” the charges allege.
The bicyclist says when Smith got out of his vehicle he said, “Sorry, I lost my temper.”
Smith told police that he got close to the cyclist to tell him to stay in the bike lane, the charges say. The cyclist suffered two broken ribs, his right ankle was broken in two places, he had a large amount of road rash on his upper back and told officers at the scene “that he was in a great deal of pain.”
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