Trial for driver in Boulder crash that injured cyclist pushed back

Oct. 14--The man accused of driving his car across a median and striking a cyclist on Foothills Parkway last summer had his trial pushed to 2021.

Charles Arthur Augustine, 63, pleaded not guilty in February to vehicular assault, obstructing a peace officer and failure to provide proof of insurance, according to online court records.

Augustine had been set for trial in August, but that trial was canceled and he now has a new four-day trial scheduled to begin on Feb. 15, along with a motions hearing on Dec. 1.

Due to the coronavirus, Boulder County has only recently begun resuming felony trials.

According to an arrest affidavit, police were called on June 6, 2019, to the parking lot of the Boulder Dinner Theater, 5501 Arapahoe Ave., where Augustine had parked his car in the lot blocking traffic and was "acting oddly."

An officer arrived and found Augustine "rambling on about things that did not make sense." The officer said Augustine also gave away his dog to some strangers near a taco truck in the parking lot before walking around with pliers "for an unknown reason."

Augustine then got in his car and "aggressively" drove away west on Arapahoe Avenue, leaving behind some of his belongings.

A short time later, witnesses said Augustine got onto southbound Foothills Parkway from Arapahoe Avenue, but then crossed the median and hit a cyclist who was headed northbound on the multi-use path.

The cyclist, identified in the affidavit as Gerald Ellis, suffered a broken leg, vertebrae and ribs and was transported to Boulder Community Health's Foothills Hospital.

An officer who responded to the crash said Augustine was talking about how he "made a mistake" and "hit him so hard" in reference to the cyclist.

Another cyclist who was just ahead of Ellis said Augustine was going about 45 mph, fast enough for the car to become airborne when it hit the median before it went down the embankment to the multi-use path.

Police do not suspect drugs or alcohol, but the initial officer said Augustine appeared to be having some mental health issues.

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