July 19, 2010
Orange County District Attorney's Office
FULLERTON - An amended complaint was filed today charging a parolee with hitting and killing a bicyclist with his car and fleeing the scene. Javier Rivera, 38, Banning, is charged with one felony count of vehicular manslaughter with gross negligence, one felony count of hit-and-run with injury, and a sentencing enhancement for fleeing the scene of the crime after committing a vehicular manslaughter. Rivera was also charged with sentencing enhancements and allegations that he served a prior prison term and did not remain free for five years before committing another crime. The four prison prior convictions are for possession of methamphetamine in 1998 and in 2006, fleeing from a police officer in a wanton disregard for public safety in 2001, and possession of methamphetamine for sale in 2005. If convicted, Rivera faces a maximum sentence of thirteen years in state prison. He is being held on $100,000 bail and is scheduled for a preliminary hearing, Thursday, July 22, 2010, at 8:30 a.m. in Department N-12, North Justice Center, Fullerton.
On April 24, 2009, Rivera is accused of rear-ending Patrick Shannon, 55, who was riding his bike on West Street in Anaheim and causing Shannon to be ejected from his bike and land nearby. Rivera is accused of speeding away and fishtailing in his vehicle as he fled from the scene. He is accused of then abandoning his car in the 1200 block of W. Katella Ave. The victim's hair and blood were found on the shattered windshield and roof of the car.
Shannon was transported to University of California, Irvine Medical Center where he died April 30, 2009, as a result of severe blunt force trauma to the head. Rivera turned himself into his parole agent on April 27, 2009.
Deputy District Attorney Susan Price of the Homicide Unit is prosecuting this case.
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