Frank Bengochea, 38, was driving northbound in the 4000 block of Red Bluff Road at around 9:30 p.m. in a vehicle labeled "Pasadena Fire Marshal" when he attempted to turn left into a Whataburger fast food restaurant.
His car collided with motorcyclist Richard Lee Simons, 54, of Pasadena who was travelling southbound. Simons struck Bengochea's vehicle's front fender and was ejected head-first into the windshield.
Pasadena police were forced to close Red Bluff Road near Pasadena Boulevard for nearly two hours as Life Flight transported Simons to Memorial Hermann Hospital. He died soon after from blunt impact trauma, the Harris County Medical Examiner's office reported.
Controversy at the scene of the accident erupted immediately as witnesses argued over who was at fault.
Eighteen-year-old Daniel Macias said he was travelling behind the deputy fire marshal's sedan and never saw the motorcycle coming.
"We saw the fire marshal's car turning, and the next thing there was a body flying over the car," he said. Macias told police he did not see the motorcycle's headlight on.
Eric Rosales, who witnessed the accident from in front of the city car, agrees that Simons had failed to turn on his motorcycle's headlight.
The 1990-model Harley Davidson motorcycle Simons was driving, however, has an automatic headlight operation whenever the ignition is turned on, contends Harley Davidson manufacturers.
A motorcycle rider and enthusiast since he was 17 years old, Simons would often ride his bike for charity events and used it as his primary mode of transportation.
Pasadena police report that Simons was not wearing a helmet the night of the accident, and the Simons family said he would often ride without one.
"He was a safe driver, and this is only the second accident he's ever been in on his motorcycle," said Charline Goodrum, Simons' sister. "We've been told (the city) may be covering it up. I think they've treated us awful. We haven't heard from them, and I think they should publicize (the accident)."
Dorothy Byce said she arrived at the accident scene moments after the collision and also believes Pasadena city officials would try to "cover up" if Bengochea is at fault.
"I think it was the (deputy) fire marshal's fault. The poor family needs to be compensated, and Pasadena needs to take responsibility," she said.
Byce describes the aftermath of the accident as city workers clamoring on their radios and cellular telephones while police barricaded the area from inquiring witnesses.
Pasadena police have not concluded their investigation as to what led up to the accident and declined to comment on details.
Bengochea was not given a field sobriety test after the accident because there was no indication to officers that he was intoxicated, said Martin DeLeon, police spokesman.
There is no official requirement for Pasadena officers to administer field sobriety tests after an accident; tests are given at the officers' discretion with due cause.
Bengochea, however, was administered a drug and alcohol test within three hours after the accident at a local testing laboratory because of a city ordinance that requires employees involved in an accident in a city-owned vehicle to be tested, confirmed Dave Benson, executive assistant to the mayor.
While the results of Bengochea's drug and alcohol test are confidential, Benson said "if the results were positive (for drugs and alcohol), we would not put someone back in a city vehicle."
After a city employee is involved in an accident in a city vehicle, it is policy to examine details of the incident and driving record before a decision, such as administrative leave, is considered.
Benson said these steps have already been taken in Bengochea's case and no action was taken against him.
A deputy fire marshal since April 2001, Bengochea was involved in one other accident with his take-home car when he backed into a pole.
"He had a flawless driving record with one small exception up until Saturday," Benson said.
City workers who did not want their identity revealed said Bengochea is a "stand up guy" and someone they would "trust with their life."
Simons' funeral service was held Tuesday at the Grand View Funeral Home in Pasadena. He is survived by his wife of 22 years, Terri, their 24-year-old daughter, Lee Ann, and 2-year-old grand-daughter, Asya.
Robert Avery contributed to this story.
