A motions hearing was held at the Palisade Municipal Court Wednesday afternoon as Grand Junction Police Cmdr. Dave Arcady and his attorney intend to fight a citation he received earlier this year.
Arcady was accused of hitting a teenage pedestrian while she was in the crosswalk at an intersection of Eighth Street and Kluge Avenue on Jan. 17.
After months of an internal investigation, the Grand Junction Police Department determined poorly lit streets and dark clothing likely contributed, according to a report released to the Daily Sentinel earlier this year.
The investigation showed Arcady did not violate any city or department policies, according to the GJPD. Palisade has not released an accident report related to this incident, saying it would be contrary to public interest in previous statements.
Five days after the crash, Palisade police cited Arcady for violating a pedestrian's right to be in a crosswalk. Arcady is said to have struck a 15-year-old pedestrian at approximately 6:30 a.m. at the intersection of Eighth Street and Kluge Avenue. For reference, sunrise occurred at 7:31 a.m. that day.
The prosecution later filed a second citation stemming from the fact that he took no action to avoid the collision such as honking his horn or swerving out of the way.
Defense attorney Jeffrey Eidsness filed four motions that were resolved by the court on Wednesday. The motions ranged from dealing with expert witnesses to discovery documents.
He will also be filing a motion to appoint a special prosecutor to the case. The written motion is due by Monday.
He argued that because Palisade Town Attorney Angela Roff served a dual role in this case, a special prosecutor should be assigned. He referenced a previous Daily Sentinel article, in which it appeared the police department was following Roff's advice on this case.
The prosecution will have until Friday of next week to respond.