UPDATED: Driver Who Struck, Killed Bicyclist in Bethesda Won't Face Criminal Charges

Ricardo Freeman is facing three traffic violations for incident

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Roadside memorial for Tim Holden near the spot on Massachusetts Avenue where he was struck by a driver and killed while riding his bicycle on Aug. 28. Credit: Aaron Kraut

Aaron Kraut

Updated Tuesday. – A Harford County man who struck and killed a bicyclist Aug. 28 in Bethesda won't be charged criminally for the incident, according to the Montgomery County State's Attorney's Office. 

The man, 22-year-old Edgewood resident Ricardo Freeman, was issued three traffic violations for the incident, according to the state's court database.

"We have decided the incident involving Ricardo Freeman did not rise to the level of criminal gross negligence. The evidence and investigation by the Montgomery County police has made the Office of the State's Attorney conclude that no criminal charges are warranted in this matter," said State's Attorney's Office spokesperson Ramon Korionoff. "It was a horrible, tragic accident that caused a fatality and our thoughts and sympathy go out to the victim's loved ones."

Montgomery County police said Freeman was driving his Chevrolet Malibu east on Massachusetts Avenue near Osceola Road at about 6:15 a.m. when he hit bicyclist Tim Holden, a 64-year-old former Navy SEAL who lived nearby and who regularly biked the route.

Officials with knowledge of the incident said Freeman was on his way to a nearby construction site for work when he mistakenly swerved into Holden, who was riding on the shoulder of the road. A toxicology screening revealed there were no drugs or alcohol in Freeman's system at the time of the accident.

Holden died shortly after being struck and police later issued Freeman three traffic violations: failure of vehicle driver to avoid collision with a bike operated by a person, failure of vehicle driver to pass safely at a distance of at least 3 feet when passing a bicycle and negligent driving. Police said they issued the violations to Freeman after a weeks-long investigation and meeting with the State's Attorney's Office on Oct. 21.

Each violation carries fines ranging from $80 to $290. The failure to pass safely at a distance of at least 3 feet and negligent driving violations includes one point each on a driver’s license.

Correction: Freeman's license has not been suspended, according to Montgomery County police. Since the three traffic violations were issued after Oct. 21, he still has time to pay the fine or appear in District Court to contest the violations.

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