Construction worker charged in death of Fort Collins teacher
- The crash killed Cate Withrow, a 53-year-old middle school teacher, as she walked her bike in a construction zone.
- Rudolph Baldivia, 64, faces a charge of criminally negligent homicide.
Nearly four months after a popular Fort Collins middle school teacher was fatally struck walking her bike in a construction zone, charges have been brought against one of the construction workers involved in the crash.
Cate Withrow, a 53-year-old wife, mother of two, and Boltz Middle School teacher and coach, was killed July 6 while walking her bike across Mulberry Street at Whedbee Street by a semitruck working on a city of Fort Collins repaving project a half-mile from her home.
Rudolph Baldivia, 64, was charged with criminally negligent homicide, a Class 5 felony, and is in the Larimer County Jail, according to a Fort Collins Police Services news release Nov. 4. Baldivia was a construction flagger at the site, and had positioned himself and Withrow in an unsafe place, the release stated.
Investigators determined the driver of the semitruck was "operating the vehicle within established safety protocols," according to the news release.
Rick Morgan, Withrow's husband, sent a statement to the Coloradoan attributed to the family and attorneys representing the family stating a recognition of the complexity of the investigation and an appreciation of the thoroughness with which it was conducted.
"Cate left home that day on a bike ride and never made it home," the statement read. "Since then, her family has been left with an enormous number of unanswered questions and, frankly, a lot of uncertainty about what happened and why. It’s been a difficult and painful waiting period, made even harder by the fact that the family has had so few answers while trying to navigate such an immense loss.
"The family, like so many in the community, has been eager to understand what happened and to see the process move forward. The uncertainty and the passage of so many months have taken a toll."
Fort Collins Police Services' Collision Reconstruction and Scene Handling team led the investigation, which required significant processing, interviews, and follow-up, the release stated. Police then met with the district attorney's office in July to further the investigation, which included consulting outside experts, conducting additional interviews, and reviewing numerous pieces of evidence before making the decision to bring charges.
The statement from the family and its attorneys stated they are relieved that the investigation has reached a point where the criminal case can move forward while they begin turning their attention to advancing their civil case.
"After so much waiting, it finally feels like there is a path forward, with opportunities for more questions to be answered and for accountability to be pursued," the statement read. "The family has been waiting a very long time for this next step. We’re hopeful that it marks the beginning of meaningful progress and more so, of healing."
All suspects are presumed innocent until proven guilty in court. Arrests and charges are merely accusations by law enforcement until, and unless, a suspect is convicted of a crime.
This story will be updated with additional information.