PORTALES (KSEL)- Police have filed petty misdemeanor charges for careless driving against the woman who struck and killed a bicyclist early last month on the highway outside Portales. Eastern New Mexico News reports that Kimberly Potters, 43, of Clovis, faces a penalty of no more than 30 days in the detention facility and not more than a $300 fine. Chief Deputy District Attorney Brian Stover said prosecutors directed state police to charge Potters with careless driving because “no evidence of a reckless act” could be found. Because reckless endangerment is a blatant disregard for the safety of others, Potters was found careless because of the fact she was inattentive or imprudent. Stover said that Potters was “very cooperative” with investigating New Mexico State Police officers and shared her cell phone with them — with “no evidence” of texting found.
According to a release from New Mexico State police, the incident occurred near mile post 425, just north of Portales. Police responded to a bicyclist, identified as a 44-year-old Austrian male, that was struck and killed just before 9:00 a.m. Initial reports show that a 2016 Ford F-150, driven by a 43-year-old female from Clovis, drifted from the roadway, striking the bicyclist from behind. He sustained fatal injuries and was pronounced deceased at the scene.
The driver of the Ford, Kimberly Potters, was uninjured.