A Kamas man who swerved his pickup truck at a group of bicyclists on the Mirror Lake Highway last summer pleaded guilty to an aggravated-assault charge Monday as part of a deal with prosecutors.
In exchange for the guilty plea, prosecutors agreed to dismiss nine additional charges stemming from the encounter. 3rd District Court Judge Bruce Lubeck scheduled Alexander Jason Barto’s sentencing for April 27 at 1:30 p.m.
“He could serve anywhere from a long probationary term to a long jail or prison term,” Greg Skordas, Barto’s attorney, said in a telephone interview.
Aggravated assault, a third-degree felony, carries a potential sentence of up to five years in prison, Skordas explained.
“I don’t think [Barto] ever intended to hurt anyone or cause harm,” Skordas said. “I think it was a fair resolution.”
Barto acknowledged in court he swerved at the bicyclists to “make a statement” that they should ride in a single-file line. He said he “obviously got too close” to the riders.
Witnesses said Barto buzzed and harassed the bicyclists east of Kamas Aug. 2. He did not injure anybody, but a road bicycle was crushed and the encounter nearly turned to fisticuffs.
“What happened in the mountains that day was very concerning,” Summit County Attorney David Brickey said in a telephone interview.
Barto had faced two felony aggravated-assault charges stemming from allegedly swerving at two cyclists with intent to do them harm. The men were participating in the Tour de Park City bicycle event.
“It had to be dealt with, with a felony conviction,” Brickey said. “There was no other way to negotiate it.”
Barto, who is 42 years old, also faced eight misdemeanor charges for operating a vehicle near a bicycle and for failing to register his truck, which prosecutors dismissed.
“I guess that’s what happened,” Barto replied in court after the case against him was read aloud Monday.
Barto is perhaps best known for campaigning unsuccessfully for a seat on the Kamas City Council in 2007. He declined to comment as he left the courtroom.
A 2005 law suggests drivers in Utah stay three feet from bicyclists when it’s safe to do so. But very few people have been charged for violating the law, Skordas said.
“I think the law was unnecessary,” said Skordas, a bicyclist who raced in last year’s Tour de Park City. “You shouldn’t drive too close to people whether there is a law or not.”
Throughout the case, Barto accepted responsibility for his actions, Skordas stressed.
“Jason was never really argumentative about the case, or defiant,” Skordas said.
Because a vehicle could be used as a deadly weapon against a bicyclist, the assault charge was lifted to a felony, he said.
“I think [Barto] has always been sick about it and I think he is legitimately nervous about sentencing,” Skordas said. “It was a horrible turn of events, no matter who you blame.”
Parkite Todd Henneman, an avid bicyclist, said he was pleased prosecutors took the case so seriously.
“I’m always concerned, because I’m out on those same roads,” Henneman said in a telephone interview. “There just doesn’t seem to be a reason why people have to swerve or come too close.”
Drivers in Park City have become more bicycle friendly, Henneman said.
“It tends to happen more out in the county,” Henneman said about outlying regions like Kamas, Woodland and Coalville. “Unfortunately, some drivers are offended that cyclists are on the road. They don’t think that cyclists fit, or have the same rights to the road.”