WALLER CO. DA ON BIKE CRASH: ‘ROLLING COAL’ CLASSIFIES AS ASSAULT

  

As the Waller Police Department continues to investigate an incident where six cyclists were hit by a teenage driver, the Waller County District Attorney’s Office says the act of “rolling coal” on someone is “at a minimum an assault.”

Witnesses from Saturday’s crash on Business 290, two miles west of Waller, say the cyclists were hit after a diesel pickup truck driven by a 16-year-old male accelerated to blow smoke onto them.

In a Facebook post this (Wednesday) morning, Waller County District Attorney Elton Mathis said the action classifies as assault because the person doing so is “causing their vehicle to ‘spit’ on a living, breathing, human being that is worthy of dignity and not having his or her person violated.”  He added that the simple assault can be elevated to a jail-eligible offense if it causes bodily injury, which can happen from toxic particles entering into the mouth, nose and eyes.

Four of the cyclists were transported to area hospitals, including two by helicopter.  Two others refused treatment at the scene.  A GoFundMe to assist with the cyclists' medical expenses is available here.

The driver met with authorities but was not arrested.

Mathis said police investigation is still ongoing.  In a previous post on Tuesday, he said his office is aware of the juvenile’s identity and that he “will receive no favorable or unfavorable treatment based upon who his family may or may not be.”

Waller police say they will submit all information and reports to Mathis’ office for review once their investigation is complete.

While Mathis declined an interview with KWHI, he did confirm that a special prosecutor, Warren Diepraam, has been assigned to the case.  Mathis said Diepraam is his former first assistant and called him “an expert on vehicular homicide cases.”  Diepraam also handled the case of Sandra Bland.

When asked for a timeline of the legal process, Mathis said he could not provide one at this time.