Uber touts corporate policy to offer felons a second chance

The operator behind the wheel of a self-driving Uber vehicle that hit and killed a 49-year-old woman in Tempe Sunday night had served almost four years in an Arizona prison in the early 2000s on an attempted armed robbery conviction.

Uber issued a statement Tuesday saying the operator met its hiring requirements in Arizona. The company directed questions to Uber's public hiring policy that states, "Everyone deserves a fair chance."

However, requirements differ across states for those who provide transportation to the public. Uber recently came under fire for hiring felons in Colorado.

"Vehicle operators in Arizona undergo a screening process that checks local, state and national databases and meets local requirements by law," an Uber spokeswoman said. "The vehicle operator met these requirements."

The San Francisco-based company's policy for hiring drivers in California states that potential Uber drivers are disqualified if they have convictions on felonies, sexual offenses, violent crimes, DUI or drug-related driving offenses, speeding more than 100 mph or child abuse or endangerment in the past seven years. The company set lower standards for lesser violations such as speeding and non-fatal accidents.

A fatal crash in the dark

Elaine Herzberg was walking a bike across Mill Avenue outside the crosswalk near the Marquee Theatre about 10 p.m. Sunday when she was hit, police said.

Police said the vehicle was in autonomous mode with an operator, who has been identified as 44-year-old Rafaela Vasquez, behind the wheel.

Tempe police spokesman Sgt. Ronald Elcock said impairment did not initially appear to be a factor for either Vasquez or Herzberg. He added it was not apparent that the vehicle attempted to slow down while it approached Herzberg.

Autonomous vehicles have been used to shuttle Uber passengers in parts of Tempe and Scottsdale. Riders who are picked up by self-driving cars likely would recognize them from the presence of the exterior sensors.

$8.9 million fine in Colorado

The Colorado Public Utilities Commission company fined Uber's parent company $8.9 million in November 2017 after an investigation determined the ride-hailing service had hired nearly 60 drivers with previous felony convictions.

Colorado state law prevents individuals with felony convictions, alcohol or drug-related driving offenses, unlawful sexual offenses and major traffic violations from working for rideshare companies.

Uber attributed the unlawful hirings to a "process area" inconsistent with Colorado's ridesharing regulations. The company said all drivers must undergo a third-party background screening "per Uber safety policies and Colorado state regulations."

A second-chance policy

Uber proudly touts its corporate policy to offer convicts a second chance.

"One mistake shouldn’t have to lead to a lifetime of punishment," the company website says. "At Uber, we are committed to working within our communities to help provide opportunities to those who need them most."

Close to 300 people worked in the self-driving operations in Tempe as of November 2017. Uber has more than 18,000 contract drivers and 1,000 employees in Arizona, with most of those staffers at the downtown Phoenix operations center.

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 prison for attempted armed robbery and unsworn falsification, the latter from when she provided false information while applying government benefits. She was released from prison in 2005.

The attempted armed robbery was in July 2000, when police say Vasquez and an accomplice conspired to rob one of her co-workers and her employer, Blockbuster Video, of a work deposit of $2,782.98, court records show.

A probation officer wrote in court records that Vasquez recognized she had surrounded herself with people who encouraged “ill-advised” actions, leading her to get in trouble. She said she needed to change who she allowed into her life and make better decisions, the officer wrote.

It appears she followed through. Vasquez has had a clean record since.

The Associated Press contributed to this report.