10 months on Goodyear fatal bike crash survivors still seeking justice

Karen Malisa is remembered by those who knew her best as energetic, passionate and outgoing.

"I do not ever remember her not meeting one of her goals," said Steve Malisa, her husband of 35 years.

An avid cyclist, Steve said she was drawn to the sport because of the camaraderie. She loved to talk to people, but she also loved to challenge herself.

Karen was 61 when she was killed in February, along with David Kero, 65, in a crash that injured another 19 cyclists during a ride organized by West Valley Cycle. According to police, 26-year-old Pedro Quintana-Lujan crashed his truck into the group of cyclists, later telling police that his steering wheel was locked when he ran into the cyclists.

Late last month, the Maricopa County Attorney's Office concluded that there wasn't enough evidence to pursue a felony conviction, passing the case back to the Goodyear City Prosecutor. Consequently, Quintana-Lujan will avoid facing felony charges.

Goodyear Police detectives referred charges to the Goodyear City Prosecutor’s Office. They include two counts of causing death of another by a moving violation and six counts of causing serious physical injury to another by a moving violation.

The Goodyear City Prosecutor’s Office issued the following statement: “We are aware of the County Attorney’s decision not to pursue felony charges in this case. The case will be submitted to the Goodyear City Prosecutor’s office to determine what, if any, misdemeanor charges apply to the facts of the case. We have no further comment at this time.”

Steve Malisa, along with other victims and their families, were notified of the decision on Nov. 30, which she described as blindsiding. Malisa described his shock that someone who ran over so many people will not get a felony conviction, saying he felt heartbroken and disappointed.

"The person who's supposed to defend the people, the county, I think let us all down because she doesn't think she can win it. Didn't even want to try. That's the thing that bothers us the most," Malisa said.

Malisa said he feels the message from the county is that the lives of Karen Malisa and David Kero don't matter enough to try to prosecute Quintana-Lujan.

David Herzog, who is the organizer of West Valley Cycle, expressed similar disappointment about the decision, saying that Quintana-Lujan dragged his friends 500 to 600 feet before finally stopping the car.

But Maricopa County Rachel Mitchell is no stranger to the frustration felt by victims and family members.

Mitchell said in an interview she lost a close friend in a traffic accident about a year ago. While the case was passed along to a different county, a similar situation happened, with the county prosecutor unable to find evidence of criminally reckless behavior.

There would have to be a way to prove criminally reckless behavior in order for Mitchell to pursue the charges sent by the city of Goodyear: manslaughter, endangerment and aggravated assault. And Mitchell emphasized that, in the eyes of the law, the definition of reckless is not the same as it would be in everyday speech.

According to law, criminally reckless behavior is when a person is aware of and disregards a substantial risk. In addition, the risk must be a "gross deviation" from what would be standard.

For example, reckless behavior wouldn't just be someone driving five miles over the speed limit, but 20 miles over the speed limit could constitute reckless behavior, Mitchell said. While someone glancing at their phone might not be considered reckless, someone watching a video on their phone for a prolonged period of time could be.

Quintana-Lujan had no alcohol in his system, but he did have a small amount of THC, the psychoactive ingredient in cannabis. But in Arizona there is no standard for implicating someone in a DUI with THC like there is for alcohol. Impairment would have to be proven, Mitchell said.

A drug recognition expert examined Quintana-Lujan and said it was inconclusive whether or not he was impaired. But a jury has to see if something is beyond reasonable doubt, and an inconclusive result would not meet that standard, Mitchell said.

People who interacted with him that day said he didn't seem tired or groggy, Mitchell said. But even if Quintana-Lujan had fallen asleep at the wheel or drove while sleep-deprived, it would have to be proven that he was aware he was sleep-deprived and did not do anything about it in order to be criminally reckless behavior.

"So when you can't prove recklessness, that means you cannot prove manslaughter or endangerment or aggravated assault," Mitchell said.

And it would be unethical for Mitchell to charge someone with a crime without evidence that she thinks is sufficient enough to convict them.

"Something you go to trial and you think you're going to win, and you lose. That's a different situation," Mitchell said.

The final charge submitted was an accident causing serious physical injury or death. Because that charge is a misdemeanor, it was sent back to the Goodyear city prosecutor.

While some cyclists feel as though the law doesn't properly protect them, there would be no difference if the accident involved pedestrians or another vehicle instead of cyclists. The need to prove recklessness would remain the same.

"That is our standard, and it can be a very frustrating standard," Mitchell said.

Despite tragedy, the cycling community remains strong

While the situation is tragic, Herzog said it has demonstrated how strong and tight knit the cycling community is.

"The group is still strong and, if anything, we have a tighter connection and we're just constantly looking out for each other," Herzog said.

In the future, Herzog said West Valley Cycle will have an award that honors Karen Malisa, who had been cycling with the group for about 12 years. It will go to someone who, like Karen, is welcoming, supportive and fun to be around.

Since the accident, Steve Malisa has even bought his own bike. While he wasn't into cycling like his wife was, he wanted to experience what she loved. And after being around the West Valley Cycle group, Steve said he realized right away why his wife loved being around them.

"We laugh. We've been doing a little bit of crying lately, but mostly laughing believe it or not. So it's good for me," Malisa said. It's a way for Malisa to keep his mind busy, get a good workout, honor his wife's legacy and tell stories about her.

Malisa said he would like state laws to be changed so that people like Quintana-Lujan are held accountable for accidents involving cyclists. He also urged people to not view the crash as a cycling accident.

"These are all safe. They're just doing what they love, and they have lanes and places for the cyclers," Malisa said.

Janice Lotzkar is a resident of Vancouver, Canada who spends every winter in Goodyear. She's been doing that for years, and that's also where she first learned to cycle. It always felt safer to her in comparison to Vancouver, a much larger city.

She joined West Valley Cycle as a way to improve her cycling and to make friends, finding a close one in Karen Malisa.

Malisa lived down the street from Lotzkar, so she would meet her on the corner before their rides, often going on three to four rides per week. The Saturday ride is a popular route, sometimes attracting several hundred people.

All Lotzkar remembers from Feb. 25 is stopping to have a coffee with Malisa and chatting before their ride began to climb into Estrella. The next thing she knew, a police officer and a fire officer were right next to her.

Lotzkar went to a trauma care hospital. She had broken her pelvis, her right hand, several ribs and fingers on both hands, in addition to four fractures in her spine.

Lotzkar spent 18 weeks in a wheelchair and 10 months later is still going through surgeries. She's now cycling again, although she can't go for more than a few hours without pain. And with Karen gone, one of her closest friends, it will probably never be the same.

"I don't get to turn my head and Karen be on the right-hand side of me and chit chat. I don't get to meet her down the corner and say good morning to her. I don't get to do that anymore. There's so many things that I'm missing. It'll never be the same," Lotzkar said.

Reach the reporter at ahardle@gannett.com or by phone at 480-259-8545. Follow her on X, formerly Twitter: @AlexandraHardle.

This article originally appeared on Arizona Republic: Why Maricopa County Attorney didn't charge Goodyear bike crash driver