Based on an eyewitness account of the accident that killed a Midtown bicyclist last month, it's unlikely the driver of the car would face any charges.
That's the opinion of Shelby County Dist. Atty. Amy Weirich, who cautioned that new information could change that assessment.
About midnight on Aug. 11, Chris Davidson, 37, was hit by a car on Madison just west of Cooper.
According to Janice Taff, who said she watched the accident happen just a few yards in front of her car, Davidson got up, yelled at those in the car, then got back on his bike and pedaled off. He later died after reaching his girlfriend's house, succumbing to numerous internal injuries.
At least two of those in the car got out after the accident, Taff reported, but jumped back inside after mistakenly believing that Davidson was reaching for a weapon. They also remained behind for a short time after Davidson left, Taff said.
"It would be difficult for us to find a charge under the law, given the facts that we have," Weirich said. "The driver of that car did what the law requires. They stopped and tried to render aid. They tried to give aid and were shooed away by their victim. They've complied with that statute."
Police have not found the people in the car; the case remains open.
Weirich also said that state law requires those involved in an accident to immediately report it, if there were injuries. But in this case, she said, Davidson's leaving the scene indicated he wasn't seriously injured.
"At the time, they thought this guy was fine. Now we know he's not," she said.
Friends of Davidson as well as avid cyclists were upset with Taff's account. Several called the newspaper after the story ran Wednesday, or posted on the newspaper's website.
In an e-mail, Taff even said she'd gotten threats, but declined to share them.
Questions remain about why help was not immediately called after Davidson reached girlfriend Carrie Dodge's home that night.
According to earlier reports, Dodge told Davidson's family that he died in her arms about an hour after getting there. The victim's brother, Steven Davidson, also said Chris Davidson asked Dodge not to call for help, even though he threw up and was having trouble breathing.
According to police, though, Dodge did call them at 1:17 a.m., saying Davidson was unresponsive. He was taken to the hospital, but pronounced dead.
Weirich said there were no criminal statutes that would come into play in not calling for help in that situation, unless the victim had been a child or an impaired adult.
The medical examiner would not say whether Davidson's injuries were survivable if he'd gotten immediate medical attention, spokesman Stephanie Dowell said.
Also, Taff said she gave her account to police, but that she had trouble reaching the right officer because of a bad phone number.
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