Oscar Perez said it felt like a "linebacker hitting me from behind" when he was knocked off his bicycle while riding east on Broadway on the evening of Jan. 12.
What actually hit Perez was the bike being ridden by his best friend, Jose Rincon, who authorities say was struck and killed by a red 2005 Dodge Magnum driven by Glenda Rumsey on Broadway near South Vo-zack Lane, just east of Harrison Road.
Opening statements and early testimony were held Tuesday in the trial of Rumsey, 42, who is charged with manslaughter, aggravated assault of a minor under 15, leaving the scene of the accident and three counts of driving under the influence.
Deputy Pima County Attorney Mark Diebolt told a jury of nine men and five women, including alternates, that Rumsey was drunk when she crashed into Rincon, 14. Rumsey's blood-alcohol content was 0.249, more than three times the state's legal limit of 0.08.
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"It wasn't because the defendant was a little tipsy, or because she had a little bit to drink, it was because she was drunk," Diebolt said.
Diebolt noted that Rumsey's blood wasn't drawn until about two hours after the crash, which occurred about 7:20 p.m.
"It could have easily been higher than 0.249 at the time she struck Jose and Oscar," Diebolt said.
Though it was without question Rumsey had been drinking that night, defense attorney Stephen Barnard said in his opening statement, flaws in a recently completed construction project along that stretch of Broadway were just as much of a contributing factor to the accident as any alcohol impairment Rumsey may have had.
Barnard told jurors that Broadway narrows from two lanes west of Vozack to just one lane east of the small residential street. Because of this, drivers needing to merge into the left lane end up driving through the bike lane after crossing Vozack.
"There is at least a real possibility that this same thing would have happened if she hadn't had anything to drink," Barnard said. "The striping guides you right into the bike lane."
But Perez, 15, testified he and Rincon were not riding in the bike lane but rather south of the road, in a dirt-and-gravel area. Perez, riding ahead of Rincon, said he kept looking back to make sure his friend was close and out of harm's way.
"I told him to stay two to three feet behind me, but further off the road," Perez said. "I wanted to keep . . . me and Jose as far away from the road so we could stay safe."
Perez, who suffered a dislocated tailbone as well as bruises and scratches on his back from the accident, said that he and Rincon were riding home after making a quick stop at a friend's birthday party.
The day had begun with the pair both going to Salpointe Catholic High School — where Perez is a freshman — to take their entrance exams.
One of the first people to come upon the accident was Sarah Martinez, who testified she was in the center lane waiting to make a left turn when she heard a "metal-on-metal" crash behind her.
Martinez said she looked over her right shoulder and saw a red vehicle pass her.
"It appeared the vehicle was coming off the gravel onto the pavement," Martinez said.
The trial is expected to run through Dec. 12.
