Defense calls bike death an accident, not murder

Keith Paul

Friday, Feb. 18, 2000 | 11:18 a.m.

Physical evidence that police collected from the area where a bicyclist was hit and killed by a pickup truck indicates it was an accident, said the attorney for the truck's owner.

But Metro Police say the incident was intentional and a case of homicide.

"This person was hit with the passenger door area. If you were trying to run someone down, you'd hit them with the back of the pickup," said Pete Christiansen, the truck owner's attorney. "The tire marks looked like the driver lost control of the vehicle, which further corroborates it was accidental."

But that's a claim Metro Police say is not supported by the evidence, and there is no indication it was an accident.

"What, he accidentally put it in reverse? Accidentally backed up? Accidentally accelerated and hit the bicyclist?" Metro homicide Lt. Wayne Petersen said. "I think the claim that is was an accident is absolutely ludicrous. It was quite obvious an intentional act."

Christiansen also disputed police claims that his client was not cooperating with investigators. He says his client brought the truck to his office, and the truck was surrendered to police.

When police got the truck, it looked as if someone ran it through the desert and brush "trying to obliterate evidence," Petersen said.

The truck's owner has refused to talk with investigators.

Christiansen wouldn't say whether his client was driving the truck at the time and wouldn't name his client only saying he represents the truck's owner.

Police released the identity of the truck's owner Thursday as Lance Dunn in the hope someone would come forward with more information about the case. Dunn has not been charged with any crime.

Nicholas J. Klapp, 40, was hit with Dunn's pickup truck near the corner of Santa Margarita Street and Oakey Boulevard about 12:40 p.m. on Feb. 3.

Klapp was riding his bicycle on Oakey Boulevard when he was nearly struck by the driver of a pickup, who was at the stop sign on Santa Margarita Street. Klapp, who was riding against traffic, and the driver exchanged words.

The driver then pulled the truck onto Oakey Boulevard and continued for a short distance, police said. He stopped and backed up -- going the wrong way -- to Santa Margarita Street.

Christiansen said his client is under no obligation to talk with police, who he says have claimed from the day of the accident that it was a case of road rage.

"People don't have to prove they didn't do something. The police have the obligation to prove something (criminal) occurred," he said. "My position is if they look at the physical evidence they found at the scene ... the only conclusion they could come to is it was an accident."

But witnesses who saw the accident told police the driver of the truck accelerated toward Klapp and struck him from behind, Petersen said.