Fort Collins Flagger Charged With Negligent Homicide in Fatal Bicyclist Collision

A 64-year-old Northern Colorado traffic flagger was booked into the Larimer County Jail on Wednesday, facing a single count of criminally negligent homicide over a fatal July street-project collision, CBS Colorado reported.

Investigators filed an arrest warrant for Rudolph Baldivia of Fort Collins on Tuesday, concluding a four-month inquiry into the July 6 incident that claimed the life of 53-year-old middle school teacher Catherine Withrow. According to the arrest affidavit detailed by CBS Colorado, Baldivia was working at the intersection of Mulberry and Whedbee Streets near downtown Fort Collins, where city repaving had closed both westbound lanes and one eastbound lane.

Construction flagger charged in death of longtime Fort Collins educator over the summer

As Withrow approached on her bicycle, Baldivia waved her into the intersection from his position in front of a line of tractor-trailers idling for milling material. He pointed to the ground away from a crosswalk, prompting Withrow to push her bike to the designated spot, where a witness noted they stood roughly two feet from the front bumper of the lead truck.

Twelve seconds later, a radio order directed the driver forward into loading position. The semi struck both the bicyclist and the flagger standing near the passenger-side front bumper. Baldivia fell and rolled away from the wheels, while Withrow was fatally run over.

Dashcams from two project trucks captured the collision, while the arrest affidavit noted that Baldivia wore a proper yellow reflective safety vest and hard hat. However, investigators found he left his hand-held traffic sign at the Road Closed barricade on the edge of the intersection.

Without the sign, the semi driver had no direct line of sight to the people at the front of his vehicle. The affidavit stated that a seated driver cannot see the ground over the center of that truck’s hood for 42 feet beyond the front bumper.

Colorado traffic flagger charged with negligent homicide in death of bicyclist at work site — Photo: chilichili.net

Reviewing safety manuals from federal, state, and local agencies including the Federal Highway Administration, the Occupational Safety and Health Administration, the Colorado Department of Transportation, and the City of Fort Collins, investigators confirmed that carrying a STOP/SLOW paddle at all times is standard practice in work zones.

A consulted safety expert characterized Baldivia’s actions as a gross deviation from the standard of care required of flaggers, according to the CBS Colorado report.

Despite eight years of experience as a certified flagger—during which time he was often specifically requested for jobs and most recently recertified by CDOT in March—Baldivia now faces charges in the criminal court system.

He made his first court appearance Thursday, posting a $25,000 bond for his release, and is scheduled to return to court this week. CBS Colorado reported that the network reached out to Baldivia for comment regarding the arrest.