CHERRYLAND -- A sheriff's deputy was driving almost 20 mph over the speed limit with no siren or emergency lights on last year when his cruiser struck two pedestrians, killing one and injuring the other, according to the California Highway Patrol.
Valdemar Flores Rosas was pronounced dead in the street after the April 19, 2013, accident at Mission Boulevard and Cherry Way, north of Hayward. His companion, Delia Delgadillo, was injured.
Rosas' family has filed a wrongful-death lawsuit against Alameda County, and Delgadillo is suing for head and other injuries.
Deputy Jonathan Hamm was driving 53 mph in a 35 mph zone on Mission when his car struck Rosas and Delgadillo, according to the CHP investigation report. He told investigators he was driving around 40 mph and that he routinely drives about 5 mph over the speed limit.
The couple were not in the crosswalk when Hamm struck them shortly before 4:30 a.m., according to the CHP collision report. However, an attorney representing both Delgadillo and Rosas' family disputes that.
"We disagree where the people were at the time of the collision," Arnoldo Casillas said. "My client will testify that they were in the crosswalk."
The intersection had a painted crosswalk and streetlights on the north side but no traffic signals.
Nine months after the accident, Caltrans installed bright green signs warning drivers of a pedestrian crossing ahead, and signs pointing to the crosswalk. An additional sign in the middle of the intersection advises motorists that state law requires drivers to yield to pedestrians in crosswalks.
The crosswalk improvements were made in January at Alameda County's request, said Caltrans spokesman Bob Haus.
Hamm was not on an emergency call but was driving north on Mission looking for two vehicles that had been in separate police chases shortly before the accident, according to the report. Traffic was light, the deputy told investigators.
"There was one vehicle up ahead a ways. I could see taillights," Hamm told investigators, according to the CHP report. "Besides that, as far as I could see, there was no vehicle traffic."
The couple were more than halfway across the intersection and entering the northbound lane when Hamm saw them, according to the report. He swerved but struck Rosas, then Delgadillo. Then his car slammed into a Volkswagen parked on Mission.
Rosas was pronounced dead in the street, and Delgadillo was treated for head injuries at Eden Medical Center in Castro Valley.
Earlier in the evening, the couple had been at La Taberna, a Hayward bar where 36-year-old Delgadillo worked, according to the report. They went to Rosas' home on Blossom Way and later walked to Mission to find a taxi, the report said. Both were under the influence of intoxicants, police said, although the redacted CHP report has no specific blood-alcohol information.
La Taberna's owner said Rosas often stopped there on the weekends.
"He was very responsible person. He always called a taxi after having a couple of drinks," Maria Valencia said. The 38-year-old construction worker regularly sent money to his elderly mother and ailing sister in Mexico, she said.
This newspaper received the CHP report in response to a public records request. Key portions of it were blacked out, including a witness' statement, cause of the accident and recommendations.
The District Attorney's Office did not charge Hamm, a spokeswoman said.
"Based upon a very thorough review of all of the evidence, we declined to file charges," Teresa Drenick said. "Our standard is whether we believe we can prove that a crime occurred beyond a reasonable doubt."
Casillas questioned how the deputy could see a vehicle ahead of him but not two people crossing a street.
"This is a guy who admits to speeding regularly," the attorney said. "He's doing 53 in a 35, and he kills somebody, and you're not charging him? If it were me, I'd be in jail."
Staff writer Karina Ioffee contributed to this story. Contact Rebecca Parr at 510-293-2473 or follow her at Twitter.com/rdparr1.