Uber was likely not at fault in the deadly crash of its self-driving vehicle in Arizona on Sunday evening, Tempe Police Chief Sylvia Moir told the San Francisco Chronicle in a startling interview the following day. Her comments have caused a stir in this closely watched investigation, which is being characterized as the first human killed by an autonomous vehicle.

“I suspect preliminarily it appears that the Uber would likely not be at fault in this accident,” Moir told the Chronicle, adding, “I won’t rule out the potential to file charges against the [backup driver] in the Uber vehicle.”

“I suspect preliminarily it appears that the Uber would likely not be at fault in this accident.”

The crash occurred near Mill Avenue and Curry Road late on Sunday in Tempe, Arizona. The Uber vehicle was headed northbound when a woman, identified as 49-year-old Elaine Herzberg, was struck while pushing a bicycle across the street. Herzberg was taken to the hospital, where she later died from her injuries.

The vehicle was traveling 38 mph, though it is unclear whether that was above or below the speed limit. (Police said the speed limit was 35 mph, but a Google Street View shot of the roadway taken last July shows a speed limit of 45 mph along that stretch of road.) The driver, 44-year-old Rafaela Vasquez, has given a statement to police.

Police have viewed footage from two of the vehicle’s cameras, one facing forward toward the street, and the other inside the car facing the driver. Based on the footage, Moir said that the driver had little time to react. “The driver said it was like a flash, the person walked out in front of them,” she said. “His first alert to the collision was the sound of the collision.”

She added, “It’s very clear it would have been difficult to avoid this collision in any kind of mode [autonomous or human-driven] based on how she came from the shadows right into the roadway.”

Safe streets advocates were quick to denounce Moir’s comments as tone deaf, inappropriate, and possibly misinformed. The Tempe Police Department has since walked some of it back, issuing a statement that reads, “Tempe Police Department does not determine fault in vehicular collisions.”

Great work by Carolyn Said to get those quotes from the police chief. Tone deaf (vic's fault), factually suspect (jumped out of nowhere) & inappropriate (should have walked up to xwalk; may cite the driver), clearly caused a stir. Now PD is walking back the chief's statements. — Autonomous Law (@SafeSelfDrive) March 20, 2018

Moir’s comments would seem to contradict Arizona’s newly updated rules governing the testing of autonomous vehicles on public roads. The executive order, issued by Arizona Gov. Doug Ducey in March, stipulates that a company is liable if one of its self-driving cars negligently kills a person. The corporation that operates the vehicles would be responsible, the governor’s office says, and the company could be held criminally liable just like a person.

Tempe police are collaborating with the US National Traffic Safety Board in the investigation. The Maricopa County attorney will be responsible for filing any charges at the conclusion of the police department investigation.

Moir also faulted Herzberg for crossing the street outside a crosswalk. “It is dangerous to cross roadways in the evening hour when well-illuminated, managed crosswalks are available,” she said.

But others noted that the street design where Herzberg was struck likely was sending pedestrians a mixed message. It features an inviting brick-paved walking path across the median, in addition to a sign warning pedestrians not to use it.

A super-weird aspect of this crash site is that it occurred at a place where a beautiful brick-paved diagonal walking path was provided across the median, along with a sign instructing people not to use it. This is beyond pedestrian-hostile design; it's damn-near entrapment. pic.twitter.com/ZaHw9bIIrR — (@EricPaulDennis) March 20, 2018

Tempe police are planning another press conference on Tuesday to provide an update on the investigation. Meanwhile, the driver of the self-driving Uber is now under scrutiny, as AZ Central reports today that Vasquez served almost four years in an Arizona prison in the early 2000s on an attempted armed robbery conviction. The paper reports:

Court records show Vasquez has a criminal record in Arizona under a different legal name. [...] Records from the Arizona Department of Corrections show Vasquez served three years and 10 months in a state prison for convictions on attempted armed robbery and unsworn falsification. She was released from prison in 2005.

An Uber spokesperson did not immediately respond to a request for comment but did decline to comment on AZ Central’s story, citing an ongoing investigation.