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Teen son of Fran McCaffery cited in fatal crash of Iowa National Guard soldier

cigaretteman

HR King
May 29, 2001
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A North Liberty teenager was cited Monday for a traffic violation in a crash at the intersection of Melrose Avenue and Kennedy Parkway in Iowa City, which resulted in the death of an Iowa National Guard soldier who was out for a jog on May 22.


Iowa City Police identified Jonathan J.F. McCaffery, 16, of North Liberty, as the driver of a 2022 Hyundai Santa Fe that struck Corey Hite, 45, of Cedar Rapids at 4:16 p.m. on May 22. McCaffery, who goes by the name Jack, is the son of the University of Iowa men’s basketball coach Fran McCaffery.


⧉ Related article: Iowa National Guard soldier dies two weeks after crash in Iowa City


Following a “thorough investigation, and after consultation with the Johnson County Attorney's Office,” the teen was cited Monday with failure to yield to a pedestrian in a crosswalk, a simple misdemeanor.



Under Iowa law, there is an enhancement for this misdemeanor when it results in a death, which includes a $1,000 fine, a driver's license suspension of up to 180 days, or both, police said.


Johnson County Attorney Rachel Zimmermann Smith said this is a pending case and she couldn’t talk about the facts of the case.


In a statement distributed Wednesday by an Iowa City law firm, Fran and Margaret McCaffery — Jonathan McCaffery’s parents — called the crash, which happened just after their son left school, a “tragedy” that has “devastated” their family.


“Investigators have told us that it was an unavoidable accident with no evidence to suggest distracted driving,” the McCafferys’ statement says. “The pedestrian, who was jogging at the time of the accident, was waved in front of our son’s passing vehicle by the driver of another vehicle.”


The McCafferys’ statement says they refrained from releasing a statement before this week out of respect for the Hite family and “to allow the Iowa City Police Department to conclude its investigation.”


Jonathan McCaffery signed a promise to appear Monday and paid a $288 unsecured bond, according to the citation. He has a court date of July 24, if he chooses to appear to dispute the charge. If he doesn’t appear, the court is authorized to enter a conviction and judgment against him, the citation states.


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In response to a question about why it took nearly two months to charge the 16-year-old, police, in a statement, said “It is our duty and responsibility to conduct thorough investigations and thorough investigations — particularly those involving a death — take time. We do not identify those involved in an investigation unless that person has been charged.”


Police previously wouldn’t identify the driver. The Gazette had requested a recording of the 911 call related to the crash, but the request was denied shortly after the crash and it was denied again Wednesday. Police, in the statement, said all other information related to this case is confidential under Iowa law.


Hite was three weeks from retirement with the National Guard when he died nearly two weeks after the crash.


According to a GoFundMe page, Hite was out for a jog when he was hit. He had remained in the hospital since the crash with serious injuries including a pelvis fracture, multiple skull fractures, holes in his lung and kidney and brain swelling. The fundraiser was started on behalf of his family and had raised $8,287 as of Wednesday.


According to information posted on behalf of Hite’s family to a CaringBridge site, during his hospital stay, the family learned Hite’s brain injuries affected parts of his brain that regulate basic life functions, and so it seemed unlikely he would be able to return to normal life, the site states.


“After much discussion, reflection, and prayer, the family made the very difficult decision to remove all lifesaving interventions that are keeping Corey alive,” the site states.


Hite was moved to a hospice care unit closer to his family until he died June 4.

 
Tough one all around - feel for everybody in this situation because the accident is very understandable. When jogging I never let a driver wave me across in a four lane situation with no traffic control devices for this exact reason. It's great on the outside lane you saw me and are trying to be nice, but it's way too easy for the inside lane traffic to have no idea I'm there and just go on through as normal. And if the "wave through" is happening at an intersection it's even worse because the inside lane people wouldn't even find it weird that you're slowing down in the outside lane because you may be turning. Really tough accident that you can easily see how it happened - especially with a new driver. Hell, there are factors (like the person waving on being in a large vehicle and restricting visibility even more) that would make this a tough one for a seasoned driver.
 
Tragic for all involved.

“Investigators have told us that it was an unavoidable accident with no evidence to suggest distracted driving,” the McCafferys’ statement says. “The pedestrian, who was jogging at the time of the accident, was waved in front of our son’s passing vehicle by the driver of another vehicle.”

This is one of my BIGGEST pet peeves while driving and I’ve seen it result in several accidents (mostly fender-benders), including my (no pic) wife getting hit several years ago. If you’re on a road wider than 2 lanes, it’s really dangerous sometimes to be the nice guy in traffic to just slow and let someone go. When my wife got hit, she was trying to make a left on a busy street (she was at work, so she knew the struggle and that she’d eventually get a window). One person waved her through and it looked clear, but she couldn’t see the car still coming in the left lane that had no idea she was coming out.

I always appreciate a courteous driver who will give someone some space, but you need to be aware of what else is around you and who else might be coming that has no idea you’re waving someone into their lane.
 
Tragic for all involved.

“Investigators have told us that it was an unavoidable accident with no evidence to suggest distracted driving,” the McCafferys’ statement says. “The pedestrian, who was jogging at the time of the accident, was waved in front of our son’s passing vehicle by the driver of another vehicle.”

This is one of my BIGGEST pet peeves while driving and I’ve seen it result in several accidents (mostly fender-benders), including my (no pic) wife getting hit several years ago. If you’re on a road wider than 2 lanes, it’s really dangerous sometimes to be the nice guy in traffic to just slow and let someone go. When my wife got hit, she was trying to make a left on a busy street (she was at work, so she knew the struggle and that she’d eventually get a window). One person waved her through and it looked clear, but she couldn’t see the car still coming in the left lane that had no idea she was coming out.

I always appreciate a courteous driver who will give someone some space, but you need to be aware of what else is around you and who else might be coming that has no idea you’re waving someone into their lane.

Yep. When I was 16 or 17 I was trying to make a left turn across a four lane road (University Ave for the DSM Boys). There was traffic beginning to back up at a light on my side of the road and the guy in the outside lane stopped ahead of my road and waved me through. I waved back and started to pull out as no one was coming from the right. As I started to cross the inside lane a big truck was barreling at me and I had a serious "Oh shit!" moment as his grill stopped 3 feet from my nose on the driver's side. The accident would have been my fault as I pulled out in front of the guy.

This is essentially exactly what happened here except it was a pedestrian and Jack didn't stop in time.

Like I said, very tough but understandable accident for everyone involved. I'm glad I got away with learning the lesson by only shitting my pants.
 
In college in Iowa City, there was a group of us walking to class (coming from Rienow area) heading across the river at the Newton Road/Iowa Ave Intersection and we were all waiting on the South side of Iowa Ave to cross to the North and one girl had her headphones in and wasn't paying attention and started to cross the street, when at that same time, a Cambus came barreling down the the hill from the West (College of Nursing Area) and had a green light and wasn't slowing down and it all happened fast, but the girl stopped just in the nick of time (had she stuck her arm out it would have touched the bus), the bus roared right past her inched from her face, she paused for a split second, screamed at the top of her lungs and took off running.

So yeah, just about got plastered by the Cambus for not paying attention.

#CSB
 
That was definitely the rumor going around.

I bet the little cock sucker was on his phone.

The amount of people I see on their phones while driving is ridiculously high.

Knowing the ICPD procedures like I do, they verify if a phone was involved every time there’s an accident like this. If he was on it, he’d have been cited for distracted driving at a minimum and probably more.

I’m sure folks believe he was snap chatting and his name and / or $$$$ got him out of it though.
 
Was the jogger running in front of Jack or did he slow to a walk?

Did the waver stop or keep going? Has this person confirmed that part of the story?

...................

I nailed a guy on a bicycle once when I was pulling out of a supermarket. I was in the right lane, turning right and there was a wall along the sidewalk. A telephone pole was mounted into the sidewalk as well. visibility was very poor, and I was sort of nudging my way out while looking both ways.

A bicyclist came barreling down the sidewalk from my right and came between the wall and the telephone pole ... against traffic, although he was technically not on the roadway and rode in front of me. I hit him while going at creeping speed and instantly hit my brakes. He went flying and so did the bicycle.

The guy seemed mostly embarrassed and quickly picked up his bicycle which remained functional, yelled an apology in my direction and rode away just as fast as he had been coming.

That was a moment of terror for me as he absolutely came out of nowhere.
 
Is there a 100% no-doubt-about-it way to verify somebody wasn’t on their phone well after the fact?

Every single action on a phone can be forensically discovered even if it's been "deleted" by the user. Even actions associated with something as simple as movement are recorded now (think about how you pick up your phone after an alert and look at the screen will brighten and show you a text message). Cyber forensic capabilities for phones has really improved in recent years - it's pretty impressive.

That said, nothing is 100% and I guess you could come up with some really wacky edge cases where it would be difficult. But most people who use their phones while driving USE their phones and it's pretty easy to see after the fact.
 
65.09 YIELD TO PEDESTRIANS IN CROSSWALKS.

Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.
 
My attorney acquaintances have advised me to never "wave" any cars or pedestrians for this very reason. I'm still guilty of it now and again, but I never do it at busy intersections. Just an awful tragedy. A loss of a young life and two people who will live with guilt forever.
 
Every single action on a phone can be forensically discovered even if it's been "deleted" by the user. Even actions associated with something as simple as movement are recorded now (think about how you pick up your phone after an alert and look at the screen will brighten and show you a text message). Cyber forensic capabilities for phones has really improved in recent years - it's pretty impressive.

That said, nothing is 100% and I guess you could come up with some really wacky edge cases where it would be difficult. But most people who use their phones while driving USE their phones and it's pretty easy to see after the fact.
I wonder what is recorded when you are using Apple car play to look at playlists, podcasts, and hitting buttons to have texts read?

I know I get distracted at times interacting with cap play and never touch my phone.
 
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I wonder what is recorded when you are using Apple cap play to lol at playlists, podcasts, and hitting buttons to have texts read?

I know I get distracted at times interacting with cap play and never touch my phone.

The logs actually record where the action was initiated from - e.g. car play vs. direct intervention on the phone.
 
My attorney acquaintances have advised me to never "wave" any cars or pedestrians for this very reason. I'm still guilty of it now and again, but I never do it at busy intersections. Just an awful tragedy. A loss of a young life and two people who will live with guilt forever.
I don’t wave anyone through unless I’m absolutely certain it’s clear. And I’m sure the driver of the other vehicle feels horrible, having waved the jogger through only to see him get hit and killed right in front of them.

But 100% of the blame is on McCaffery here. Regardless of whether the other driver should have waved the jogger through, and regardless of whether McCaffery was on his phone or otherwise distracted, the law is quite clear that drivers are required to yield to pedestrians in marked crosswalks.
 
My attorney acquaintances have advised me to never "wave" any cars or pedestrians for this very reason. I'm still guilty of it now and again, but I never do it at busy intersections. Just an awful tragedy. A loss of a young life and two people who will live with guilt forever.

I agree 100% with this. @TJ8869 is not wrong about the law. But it can be a dangerous one for pedestrians and cyclists in certain situations like what happened here. Not because someone doesn't want to follow the law. Rather, because a bad combination of circumstances can put a driver in a position that they can't see the pedestrian in enough time to follow the law. If you can't put yourself in the shoes of this driver (or those of us that have shared our similar stories), you're probably being a bit pig headed.
 
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In college in Iowa City, there was a group of us walking to class (coming from Rienow area) heading across the river at the Newton Road/Iowa Ave Intersection and we were all waiting on the South side of Iowa Ave to cross to the North and one girl had her headphones in and wasn't paying attention and started to cross the street, when at that same time, a Cambus came barreling down the the hill from the West (College of Nursing Area) and had a green light and wasn't slowing down and it all happened fast, but the girl stopped just in the nick of time (had she stuck her arm out it would have touched the bus), the bus roared right past her inched from her face, she paused for a split second, screamed at the top of her lungs and took off running.

So yeah, just about got plastered by the Cambus for not paying attention.

#CSB
No tunnel under the Iowa Ave bridge at that time? Or am I thinking of the wrong place? Riverside drive to the west, Iowa Ave turns into Newton Road running west to east?
 
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I agree 100% with this. @TJ8869 is not wrong about the law. But it can be a dangerous one for pedestrians and cyclists in certain situations. Not because someone doesn't want to follow the law. Rather, because a bad combination of circumstances can put a person in a position that they can't see the pedestrian in enough time to follow the law. If you can't put yourself in the shoes of this driver (or those of us that have shared our similar stories), you're probably being a bit pig headed.
Any time pedestrians and vehicles cross paths it can be a dangerous situation and McCaffery certainly didn’t intend to hurt anyone. It was a momentary lapse of focus and/or judgement.

But attempting to shift any blame onto the other driver for waving the jogger through is wrong. Every driver is responsible for being aware of his surroundings, and McCaffery didn’t do that.
 
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“Investigators have told us that it was an unavoidable accident”

State law requires drivers to yield to pedestrians in crosswalks, so it absolutely was an avoidable accident.
I think the point is if you never saw the pedestrian until the flash second they hit your car, it becomes nearly unavoidable and impossible to yield to something you didn't know existed.
 
Any time pedestrians and vehicles cross paths it can be a dangerous situation and McCaffery certainly didn’t intend to hurt anyone. It was a momentary lapse of focus and/or judgement.

But attempting to shift any blame onto the other driver for waving the jogger through is wrong. Every driver is responsible for being aware of his surroundings, and McCaffery didn’t do that.

I'm not going to argue the topic with you. He was cited for what happened. Case closed.

That said, I don't depend on "the law" to protect me in this situation. I 100% fully understand how it happened. I personally don't wave people through and I don't let me people wave me through because it's just too easy for this to happen.
 
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No tunnel under the Iowa Ave bridge at that time? Or am I thinking of the wrong place? Riverside drive to the west, Iowa Ave turns into Newton Road running west to east?

Huh....just looked on google earth street view and I see the tunnel you are talking about, but no i don't think it was there at the time. My story was from circa 2003 or there about so maybe it was added after that for similar reasons to my story.

We are definitely talking the same intersection.

****as i look back at the old google earth aerials, it appears the tunnel/underpass would have been there in 2003 too i think.....so yeah, i guess she should have just used the tunnel (not sure why we were all idiots waiting on top too now that i think about it)


Sheldon Cooper Reaction GIF by CBS
 
Huh....just looked on google earth street view and I see the tunnel you are talking about, but no i don't think it was there at the time. My story was from circa 2003 or there about so maybe it was added after that for similar reasons to my story.

We are definitely talking the same intersection.

****as i look back at the old google earth aerials, it appears the tunnel/underpass would have been there in 2003 too i think.....so yeah, i guess she should have just used the tunnel (not sure why we were all idiots waiting on top too now that i think about it)


Sheldon Cooper Reaction GIF by CBS

Ha! I was going to ask the same thing when you gave your story. That tunnel has been there for a loooonnnng time. I stumbled upon an amorous couple one time late night while in college. It's a tight little spot.
 
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I don’t wave anyone through unless I’m absolutely certain it’s clear. And I’m sure the driver of the other vehicle feels horrible, having waved the jogger through only to see him get hit and killed right in front of them.

But 100% of the blame is on McCaffery here. Regardless of whether the other driver should have waved the jogger through, and regardless of whether McCaffery was on his phone or otherwise distracted, the law is quite clear that drivers are required to yield to pedestrians in marked crosswalks.
Not to be argumentative...while it is true that a driver is supposed to yield to pedestrians, etc...the driver has to be able to SEE the pedestrian first in order to yield.

The driver, IMO, is not faultless here...but neither is the "nice" person that waved him through...nor is the decedent completely faultless...he ran into oncoming traffic.

As with so, so many really serious issues...it isn't just ONE thing that caused it...it is very often a combination of things...the Perfect Storm, if you will. That's what I see here, FWIW. I see a "blended" fault here...not just the 16 year old driver.

Yes, young McCaffery made a mistake, one with very, very serious consequences, but there is no indication that he was behaving recklessly AND it is a mistake that a great, great number of people would have also made given all of the same variables in that scenario.
 
“Investigators have told us that it was an unavoidable accident”

State law requires drivers to yield to pedestrians in crosswalks, so it absolutely was an avoidable accident.

The statement seems odd given the pending charges.
 
Ha! I was going to ask the same thing when you gave your story. That tunnel has been there for a loooonnnng time. I stumbled upon an amorous couple one time late night while in college. It's a tight little spot.

Well i'll be damned.....i didn't go that way a lot, usually just crossed at Burlington, but that was definitely the spot.....chick almost got plastered right in front of me...

Ahhhhh college....doing dumb things, finger blasting under bridges, oh to be young again.
 
I hate the wave through, dangerous as shit. Almost saw a young teenage couple get creamed at a crosswalk on A1A when big truck waved them through from the sidewalk. I was behind the truck in the right lane, and as they disappeared from view in front of the truck, I saw in my side mirror a car coming up in the adjacent lane, with no clue that we were stopped for pedestrians, for all they knew, the truck in front of me was making a right hand turn. Thankfully the car was able to stop just in time.

That stretch of highway has had many fatalities over the years (many were kids), and after a little girl was hit and killed in front of her family on Xmas eve, the FDOT came in and added blinking lights to the road and crosswalk signs that turn on when someone is crossing.
 
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Gofundme only has $8K in it?? I'm kind of surprised Fran didn't donate to it. Especially if it's an unavoidable accident. Sad for all those involved. I can't imagine.
 
That stretch of highway has had many fatalities over the years (many were kids), and after a little girl was hit and killed in front of her family on Xmas eve, the FDOT came in and added blinking lights to the road and crosswalk signs that turn on when someone is crossing.

I wish more and more crosswalks had this. I think they should be required for four lane or one way two lane roads where situations like what is described here can occur. Add in speeds higher than 25mph (it's 35mph where this situation occurred) and these types of devices should be a no brainer.
 
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“Investigators have told us that it was an unavoidable accident”

State law requires drivers to yield to pedestrians in crosswalks, so it absolutely was an avoidable accident.
More than one thing can be true. It can be avoidable AND also entirely possible that Jack was driving at a reasonable speed and did not see the jogger coming until it was too late. Often the courteous move disrupts the normal flow of traffic and breaks the routine expectations - that’s when the bad sh1t goes down.
 
More than one thing can be true. It can be avoidable AND also entirely possible that Jack was driving at a reasonable speed and did not see the jogger coming until it was too late. Often the courteous move disrupts the normal flow of traffic and breaks the routine expectations - that’s when the bad sh1t goes down.

So "unavoidable" but a chargeable traffic offense?
 
I wonder what is recorded when you are using Apple car play to look at playlists, podcasts, and hitting buttons to have texts read?

I know I get distracted at times interacting with cap play and never touch my phone.
There is a line where that stuff is not really any different than messing with the thermostat or changing the old-school radio station. If I glance at my console and tap the screen to fast-forward a song, it’s not really any different than 20 years ago when I might reach down to switch to a different pre-set. Not a defense of anything, but there are a lot of driving distractions that simply aren’t detectable.
 
More than one thing can be true. It can be avoidable AND also entirely possible that Jack was driving at a reasonable speed and did not see the jogger coming until it was too late. Often the courteous move disrupts the normal flow of traffic and breaks the routine expectations - that’s when the bad sh1t goes down.

Going West on Market St. in Iowa City there are two pedestrian crossings that cross the two lane, one way road. When a pedestrian steps out in front of me on my side of the road, I always clench my teeth and look at the rearview mirror to the other lane hoping the oncoming cars saw the person entering on my side. Thankfully they put signs up in the middle of the road and the blinking lights when someone has entered the crosswalk. If it was just well intentioned "wavers" I think there would be a lot more accidents there.
 
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