Defense pushing plea deal in cyclist hit-and-run case

June 25, 2012 • Posted by: Michael McKisson

Samuel Abate is attending classes at the UA and playing music again. The accused driver is trying to cut a deal with the prosecution.

The woman accused of hitting, seriously injuring a cyclist, then fleeing and trying to cover it up remains behind bars more than a year after the crash took place.

William Abate, the father of Samuel Abate, who was struck in May of last year while riding on Swan Road said lawyers for Abigail Allin are trying to force the prosecution to honor a plea agreement they struck with her before pulling it off the table when the family found out about it.

Abate said the prosecution offered Allin a deal that would have reduced the charges to a low-level felony as opposed to the more serious felony of leaving a crash with a serious injury and tampering with evidence.

Abate said the prosecution consulted with Sam, but did not consult with the rest of the family and William said Sam was not in a position to fully understand the outcome of the decisions. Once the family found out about the deal they spoke to the media and pressured the prosecution to remove the plea deal, which they did.

The trial was set for May 1, 2012, but lawyers for Allin filed a motion asking the original plea be reinstated. The judge ruled in her favor, but then immediately recused himself from the case.

Abigail A. Allin is accused of hitting Abate, fleeing the scene and trying to cover up the crash.

Abate said the prosecution has filed an appeal, which will be heard on July 3. Abate is hopeful the ruling will be overturned so that the case can go to trial.

As for Sam, Abate says he is doing well and is playing music and attending school at the University of Arizona.

“Today, Sam is doing much better. The long-term effects of this will remain unknown for a long time,” William wrote. “As far as neurological deficits, Sam is doing well. We are certain that he will have some Arthritic issues later in life, and we do not have a real prognosis for the scarring and discoloration of his skin. He is playing music again and going to school. Sam has never been involved with this woman’s prosecution and has remained focused on putting this terrible event behind him, and putting all of his energy into his recovery. When I have asked him about his thoughts about the perpetrator, he simply replies that, ‘I don’t think about her.’”

William is grateful for all the people that have helped his family since the crash, including raising $3,000 to put toward the “monumental” medical bills. Allin was driving with a suspended license and did not have insurance.

“Given all that has occurred, we are grateful for Sam’s recovery, we hope that justice will prevail in a meaningful way, and as the dust finally settles perhaps I can start a foundation to help my son and others like him realize some type of reparation for their pain, suffering, and hard work that so many must overcome because of the absolute disregard of others,” he wrote.

Read the previous updates about Abate here.

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10 comments

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guest

I had known abigail very closely for years. I am sure that she ran because she was horribly sacred, when the nervous system is overloaded with fear/stress it shuts down the brains higher thought functions so that the only capacity available is fight, flight, and freeze. I am sure that she was acting out of reaction and did not realize what she was doing. I know It's not much of a justification but I feel a need to come to her defense because I have known a kind heart in her.

@guestPhysically, Tucson is a beautiful place to ride; culturally, it kinda stinks. I've ridden in areas of the country where you might expect to have a lot of drunks on the road, but nothing to the degree of the recent high-profile trials involving 'leave the cyclist for dead or alive in the road and tamper with evidence to get out of it' types.

Believe me, guest, a kind heart doesn't behave that way...ever.

kimberly

Abby deserve a fair justice. I know she is very thankful that nobody died and very remorseful for what happened. what ever comes her way, I hope she stays strong. Accidents happen, yes she should have stopped, there is no excuse for that!! But this wasn't a purposeful event, this was an accident a very bad accident. YOu CAN NOT COMPARE THIS TO A RAPE, THAT IS IGNORANT. I am justice will be served in a fair manner. and I hope that someday this will be a distant memory for Abigail and her victim.

LaurenLO

14 months for a hit and run. That sounds pretty good to me. What more is Sam's father expecting? Does he not remember saying right after this happened that he didn't want to ruin Allin's life. "he wants justice" well okay shes done 14 months in jail that sounds like justice to me, what kind of time was he thinking of? It was an a car accident, a hit and run. Its not like hes not going to get restitution, because HE IS no matter what. Why all of a sudden does he want the max? why is this case so special out of all the other hit and run accidents? Its not. This case should not be treated more harshly just because Sam's father is putting it all over the news.

Daniel Stolte

Are you kidding????? She should be in for life!!!!

NateW

Sam is a great kid. In regards to poster "zz" I think it's extremely positive to anybody who has overcome a serious trama to focus on recovery and to let his family deal with the legal drama. He's lucky to have a supportive father like Bill.

...." the prosecution consulted with Sam"..... I don't get that. Was he still on high doses of pain-killer? Did he have a grasp of all the elements of the case? Lawyer present? Blink once for 'Yes' or twice for 'No'? Certainly a family has a right to step in and protect the rights of an incapacitated member. ......"The judge ruled in her favor, but then immediately recused himself from the case"....... And I really don't get that.

Martha Retallick

In my family, there's a relative who recently gained power of attorney over another relative. I'm hoping that, in the Abate case, that this was also done. I'm not a lawyer, but I seem to recall hearing that one can get temporary power of attorney over someone else* until that person is once again able to handle his/her own affairs. Perhaps this might be an option for the Abate family. *Please feel free to correct me on this point.

Martha Retallick

Music is very therapeutic for those who've suffered a brain injury or have some sort of cognitive impairment. Glad to hear that Sam's pursuing that interest again.

Frank Tellez

How would she know if it was serious or not if she didn't stop to check? If she did check and there was blood all over then don't accept the plea. Otherwise, it's up to Sam, not his family.