Man in wheelchair hit by car dies
Described as ‘people person,’ victim and caregiver were run down by vehicle while in crosswalk; stiffer penalties sought for such cases
WOONSOCKET – A lawyer for the family of a disabled man who died Friday after his wheelchair was struck by a car in front of City Hall says it’s time for tougher penalties for motorists who strike pedestrians in crosswalks.
“In 33 years of practice it’s probably one of the most tragic accidents I’ve seen,” said lawyer Guy Settipane. “When you arrive on the scene of an accident that otherwise should have been avoidable, and such a tragedy, with a person that’s already overcome so many challenges being hit in the middle of a crosswalk, it challenges the imagination.”
Settipane was hired by the mother of Jamie “Bubby” Gilbert, 23, who survived for four days after the accident before his death at Rhode Island Hospital last week. Gilbert, who suffered from a genetic neurological condition, was in a wheelchair that was being pushed across Main Street by his caregiver, Justine Resendes, when they were both struck by a northbound vehicle about 3:40 p.m. on Dec. 4.
The driver has been identified as Samantha Ortiz, 22, of 114 Arnold St. She stopped her car at the scene and has not been charged with any wrongdoing, but police say
they haven’t closed the case yet. Deputy Chief Michael Lemoine said investigators are still gathering evidence to determine whether the accident may have been caused by speeding, distracted driving or other factors.
Lemoine said the police are exploring whether a truck, parked legally just south of the crosswalk, may have been a contributory factor by obstructing the view of either Ortiz or the victims.
“We are looking at all aspects of it, and we are preparing a package of information for review by the attorney general to determine whether any charges will be filed in this unfortunate incident,” said Lemoine.
Jennifer Menard – who was friendly with Gilbert and his caregiver – was waiting for a bus in front of her Main Street apartment, opposite City Hall, when she witnessed the accident.
Driving a black Altima, she said, Ortiz approached City Hall and slammed into Gilbert and Resendes after they emerged from in front of the truck parked near the crosswalk.
“She was driving a little fast,” said Menard. “She sent Jamie flipping over two and a half times. He only stopped because he hit a parked car.”
Menard told a police officer at the scene to photograph the parked truck “in case it meant something,” but she couldn’t be sure whether the vehicle created a blind spot for either Ortiz or the victims.
The Altima also knocked Resendes to the ground, said Menard, but the caregiver managed to get to her feet quickly and lift Gilbert back into his wheelchair. Another bystander was Linda Plays – the city’s human services director – who ran to her car for a blanket, which she placed on Gilbert.
Menard and one other witness interviewed independently by The Call both estimated speed for the Altima as 40-45 mph – well above the posted limit of 25 mph on Main Street.
“From what we’re hearing speeding is definitely a factor and that’s why I’m so angered by this,” said Michelle Renee Gilbert – the victim’s mother. “I talked to a lawyer. I want justice served.”
Gilbert said Jamie suffered a broken femur and head trauma in the crash, but she was shocked that her son ultimately succumbed to his injuries because he was alert and responsive in the hours just after the accident.
“He was fine when he first got to the hospital,” she said. “He had a broken femur. He was alert. He was looking at me. He kept making a sad face. He was good down in the ER. It was when he got upstairs that everything took a turn for the worse.”
Later, the doctors told her that Jamie’s condition deteriorated because of brain swelling, but Gilbert said they stopped short of saying what caused his death. An autopsy by the state medical examiner is pending.
“It’s eating me alive because I just don’t know,” said Gilbert.
In addition to hiring a lawyer to evaluate possible civil damages in Jamie’s death, Gilbert launched a crowdfunding campaign on the website GoFundMe to defray funeral and medical expenses for her son.
Settipane says it’s too soon to say what kinds of civil recourse he’ll seek on his client’s behalf, but he called the accident the latest example of the need for tougher penalties for motorists who strike pedestrians in crosswalks. State law now calls for a maximum fine of $100 for the offense – $250 if the victim is blind.
“I think we can do better...” Settipane said, “We should make it a criminal action to hit a disabled person in a crosswalk. I’m hoping if we do pass stronger measures maybe we can refer to it as ‘Jamie’s Law.’”
A Pawtucket native, Jamie was born with Angelman’s Syndrome, a chromosomal disorder to effects intellectual development, coordination and motor skills. Despite the obstacles, Jamie had a big appetite for life and enjoyed being around people, family members and friends say.
Menard says she knew Jamie and his caregiver from World War II Memorial Park. The mother of a four-year-old girl, Menard ran into them almost daily in the summertime when she took her daughter to the park to play. Gilbert always tried chumming it up with the little girl.
“He was just a happy, happy, happy boy,” said Menard. “He’d always say ‘hi’ to my daughter. He was friendly to all the kids. He was a bubbly boy.”
Michelle Gilbert said her son had a brother and three sisters and liked traveling.
“He was a people person,” said Gilbert. “He did everything he could possibly do. He’s been to Florida. He’s been to Disneyland. He’s a very adventurous person and he loved people. Everyone loved him. Anybody he came across loved that kid.”