Report: Driver accused of hitting cyclist nearly 3 times over limit

The driver accused of slamming into a cyclist Sunday and critically injuring him was nearly three times over the legal alcohol limit, according to a preliminary breath test.

Officials rushed to file a search warrant that would allow a county medical examiner to take a blood sample from the uncooperative driver, Jonathan Levya Rodriguez, 31. Rodriguez allegedly struck Gregary Wade Franck, 41, who was participating in the Urban Assault bike ride Sunday morning.

The crash happened at about 10 a.m. near Grand Avenue and 51st Street, near Temple B'Nai Jeshurun, according to a Des Moines police report.

"The cycling community is a tight-knit group. It's not really a person; it's like part of the army," said Kyle Robinson, owner of Kyle's Bikes in Ankeny where Franck has worked as a sales manager for about five years.

Family members have requested that Franck's condition be kept private, according to Iowa Methodist Medical Center personnel. Friends and co-workers said they were told he remained in critical condition Monday.

Robinson wasn't on Sunday's ride, but visited Franck, who goes by "Wade," at the hospital Sunday night.

"When he got hit, he catapulted, like, 30 feet ... that's three stories," Robinson said. "I'm sure any one of those witnesses feel like it was the grace of God that it wasn't them."

Two other cyclists were injured in the crash: a 41-year-old man hurt his calf and elbow, and a 40-year-old woman hurt her back and sustained a road rash to her legs.

Leaving the scene

When a vehicle barreled through a group of cyclists, someone at the scene memorized the license plate number and gave it to police.

The plates were registered to a West Des Moines address, and officers found the damaged car parked in the 400 block of Third Street at about 10:16 a.m., according to the report.

A woman answered and said Rodriguez was in the shower. Rodriguez had a cut to his cheek, and he was taken to the Des Moines police station for questioning at about 11:10 a.m.

Rodriguez was handcuffed and detained in the OWI testing room. Police noted he spoke with slurred and mumbled speech. His eyes were bloodshot and watery.

"He said he was OK and that (the cut) happened while riding his bicycle today," the officers wrote in their report. He denied hitting anyone with his car.

After a sobriety test, Rodriguez blew a 0.213 on a preliminary breath test. He told the officer he'd had five beers, according to the report.

He refused to take an official breath test, the report said. When the officer told him that they'd take a blood sample anyway, Rodriguez asked to be taken to jail.

The officer left for a brief moment to talk with his supervisor, and when he came back, Rodriguez was sleeping on the floor of his cell. Rodriguez was taken to Broadlawns Medical Center for a blood-alcohol test, according to the report.

Refusing to cooperate

Rodriguez again refused to take a test while at the hospital, according to the report. Police talked to the county medical examiner and county attorney's office, trying to get permission to take a sample without a warrant. Alcohol tests must be taken within a certain time frame to be accurate.

Rodriguez refused again and asked to call his girlfriend, who told him that he'd hit somebody with his car.

Rodriguez didn't believe it and asked for a lawyer. The officer pointed out that Rodriguez' cellphone was sitting next to him and he could call anyone he wanted, offering the man a phone book.

But Rodriguez didn't make a call and instead lay back on the bed, closing his eyes, according to the report.

Officers scrambled to pull a search warrant together when Polk County District Judge Colin Witt agreed to issue one over the phone. Rodriguez fell asleep multiple times with the judge while on speakerphone, but officials were finally able to get the warrant and take the samples, they said.

The blood specimens were sent to the Iowa Division of Criminal Investigation lab for testing. Rodriguez awaits trial on a $36,000 bond on 12 charges.

Cycling enthusiast

Franck is well known throughout central Iowa as an upbeat cycling enthusiast. He worked at Skunk River Cycles, a bike shop in Ames, while completing a master's degree at Iowa State University, according to his former boss.

"Wade is kind of a born lecturer and he enjoyed educating our customers when he was working in sales here," said Ronn Ritz, owner of Skunk River Cycles. "Bicycling is easy to fall in love with. There is the mechanic aspect of it, the interpersonal aspect of it and the absence of presence, when you want to have some quiet time alone in the country. I'm sure Wade enjoys all of it."

Franck's personality found him a spotlight on the shop's YouTube page, which features a series of videos teaching aspects of cycling.

"Wade is a terrific person, and I would certainly encourage all of us to pray and feel and offer support for himself and his girlfriend and parents and family," Ritz said.