After spending 14 hours in the county lockup, environmental activist Pat Suter has posted bail and is now out of jail.
The 87-year old woman is charged with running over Attorney Richard Leshin as he rode his bicycle down Ocean Drive.
Before Suter was allowed to get out of jail, Judge Nanette Hasette wrote out by hand one of the conditions of bail: "Do not operate a motor vehicle under any circumstances."
In Suter's arrest affidavit, a back and forth dialogue between Suter and a police officer stands out. The conversation took place on March 19, after police tracked down the silver 2012 Ford Focus used in the hit and run to Suter's house.
Suter was signing off on the consent to search her car when police said she stated "poor thing." The officer asked what she meant, and she said, "My poor car."
The officer said she should be saying, "Poor Mr. Leshin."
Suter is said to have replied, "He should have had lights on his bicycle." The officer told her he did have a light. Then, Suter said she should have worn more reflective clothing.
The officer then said that he told her she should stop talking.
Local Defense Attorney Eric Perkins used to work in the District Attorney's Office, and said that an arrest affidavit does not always tell the whole story.
"Until the facts come forward, a single document and affidavit like that needs to be taken as what it is -- a single document which doesn't contain what we call all depositive facts," Perkins said.
Now, Suter's son and attorney have said that she did not know she had hit Leshin. They said that she thought she had run over a trash can, but police and Richard Leshin find that hard to believe. They said he was not only struck, but was also knocked on top of the hood of the car Suter was driving.
Leshin said neighbors who showed up at the scene told him that they heard his screams from quite a ways off, and he knows Suter had to hear them as well.
Hal Suter said his mother has been suffering from some kind of eye problems, but never mentioned anything about not being able to hear.
Suter is free on bond, and so far has not made a public statement on the accident. The District Attorney's Office said that, once all the facts in the case are in, then it will be presented to a grand jury.
As you might imagine, this story is one of the most talked about on our Kiii 3 News Facebook. Earlier, we posted a link to the arrest affidavit on our page, which can be found here: http://bit.ly/YGZbMq
Facebook user Lori Quintanilla wrote, "I find it really hard to believe she didn't realize she hit Mr. Leshin."
Carmen Bosquez-Avelar wrote, "I understand that she is elderly and known in the community, but she had to have know what she did...feel horrible for Mr. Leshin and his family. Very scary...will be interesting how this plays out...everyone needs to be safe in the road...bikers, drivers and pedestrians..."