DRAPER, Utah (ABC4) — A Draper man with a history of speeding has recently been charged after he allegedly hit and killed a pedestrian who attempted to ask him to slow down on his motorcycle.
Nicholas Broderick David Smith, 21, was charged at the Third District Court in Salt Lake County on Friday, Feb. 24, with second-degree manslaughter, speeding, duty to operate a vehicle on the right side of the roadway and operating a motorcycle without a valid endorsement.
Smith is accused of hitting and killing James Mair, 43, in April 2022 after Mair motioned to him and told him to slow down.
A former colleague said Smith had sped past his house at a high rate of speed before, according to charging documents. He had also reportedly yelled at Smith on multiple occasions to slow down his driving between 2020 and 2021.
“I was going to make it my mission to get [Smith] to slow down in the neighborhood before he killed someone,” the former colleague told police.
On April 18, 2022, Draper police were reportedly dispatched to 903 East Rosefield Lane on initial reports of an accident. According to court documents, Mair and another person were walking eastbound on Rosefield Lane when a white motorcycle raced up the street at high speed.
Police say Mair leaned toward the road and told the driver of the motorcycle, later identified as Smith, to slow down. The motorcycle then collided with Mair, sending him flying through the air.
Investigators revealed later on that Smith was traveling at 47 mph in a 25 mph zone.
Mair was transported to a local hospital in critical condition. Officials confirmed Mair died from his injuries the next day. He suffered two skull fractures, a brain bleed, brain swelling, and severe lower extremity injuries, according to court documents.
Smith reportedly sustained non-life-threatening injuries.
At the hospital, Smith reportedly told police that he did not remember anything that occurred, only that he was driving the motorcycle. Officers obtained a warrant to get his blood tested and found weed in his system, charging documents say.
Smith allegedly threw up a peace sign and said, “Sup homies.” when he saw Mair’s relative and friend at the hospital.
Officers were able to confirm that Smith’s motorcycle was not registered, and he did not have an endorsement or insurance.