Police Arrest Man in Connection with Cyclist’s Death

York-Poquoson Sheriff’s office stated that officers arrested Alexander Michael Crosby Friday night and charged him with involuntary manslaughter, reckless driving, and leaving the scene of an accident.

Brian Utne was a long time cyclist and active in the community. There was a memorial ride in his honor on November 3, 2018.

The alleged hit and run driver, Alexander Michael Crosby, has a lengthy criminal record to include past convictions for reckless driving and eluding police. Alexander Crosby has been found guilty of the following offenses in New Kent General District Court:

  • Reckless driving by speed, 86 mph in a 40 mph zone
    • Result: Guilty 60 days in jail with 52 days suspended which means he served 4 days in jail
    • license suspension 6 months
    • court website shows he still has not paid his fines/costs and so his license is likely suspended, and was at the time he allegedly killed Brian Utne
  • Eluding police; guilty 30 days in jail, 30 days suspended and 6 month license suspension
  • Reckless handling of a firearm
  • Hunt without a license
  • Hunting during unauthorized times
  • Shoot wildlife from a vehicle
  • Failure to appear in court
  • Failure to appear in court
  • 2 marijuana charges amended to controlled drug paraphernalia

In Williamsburg he had 4 felony charges certified to the grand jury. These felonies are still pending, and he has a hearing scheduled for November 14, 2018 in Williamsburg Circuit Court. He is presumed innocent on those charges, but to certify them a judge had to find probable cause: 

  • Grand larceny
  • Grand larceny
  • Larceny with intent to sell/distrib.
  • Enter structure to commit larceny, assault and battery, or other felony

In Henrico General District Court, Alexander Crosby has been found guilty of petit larceny and failure to appear in court. He also has a pending possession of a controlled substance charge in New Kent General District Court on November 13, 2018.

See the New Kent General District Court image showing some of his past charges. Most of those he has already been convicted of:

Is Alexander Crosby Going to get Bond?

At Leavitt & Martin, we have handled thousands of cases. Based on our experience, it is HIGHLY unlikely that a judge would ever grant bond in this scenario. Bond determinations have to do with the following factors:

  1. whether you are a flight risk, AND/OR
  2. whether you are a danger to the community

Flight Risk

Alexander Crosby has a history of failing to appear in court. The very nature of his charges against Brian Utne allege that he killed Brian Utne and fled from the scene. It would be difficult to show that Alexander Crosby is not a flight risk. When you are in state, and have ties to the community then that helps. Defendants who are out of state and do not have ties to the community are considered more of a flight risk.

Danger to the Community

Similarly, Alexander Crosby’s criminal history makes it HIGHLY unlikely that he would get a bond. The nature of his charges, and his past criminal record, tend to show that he is a danger to the community. In addition, there is most likely a PRESUMPTION against bond.

In Virginia, if you are on bond for a felony and you are alleged to commit another felony while on bond, there is a presumption AGAINST bond. Alexander Crosby has four felony charges pending in Williamsburg Circuit Court. He is also on bond for New Kent for a possession of controlled substance charge. Since he is alleged to have killed Brian Utne and fled while already on bond for four felonies, then there should be a presumption against bond.

It would be very difficult for Alexander Crosby to get bond in this situation. This is not a situation where the defendant is charged with first offense reckless driving in Virginia or something similar. He has a history of this, and he was on bond when this happened.

If He is Guilty, Alexander Crosby Needs to Get Significant Jail Time

I strongly believe in due process. At this point in time, Alexander Crosby is presumed innocent and he is entitled to that presumption of innocence. But if the police are correct, then Alexander Crosby should face a lengthy jail sentence.

His past record indicates that he was almost certainly driving on a suspended license. In addition, he has a history of reckless driving at a REALLY high rate of speed, in a lower speed zone 86 mph in a 40. He did not learn his lesson back in 2013. He also has a history of just completely disregarding the police and the court system. On the court website, it doesn’t appear that any of his fine/costs have been paid. In addition, he has multiple convictions for failure to appear in court.

There is no jail sentence that will serve to bring Brian Utne back, or bring justice to his family. Alexander Crosby will get his day in court, and hopefully the truth will come out. If it turns out these charges are correct, and Alexander Crosby is guilty, then he should face a significant sentence.

 

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