DRAPER, Utah — A 20-year-old man allegedly speeding in a residential neighborhood on his motorcycle is accused of hitting and killing a pedestrian who was motioning to him to slow down.
Nicholas Broderick David Smith, of Draper, who both neighbors and police say has a lengthy history of speeding and reckless driving, was charged Wednesday in 3rd District Court with manslaughter, a second-degree felony; and three traffic motor vehicle infractions including speeding.
Just before 9 p.m. on April 18, 2022, Draper police were called to the area of 900 E. Rosefield Lane where a 43-year-old man was hit by a motorcycle, according to charging documents.
James Mair was walking along the side of the road with his wife when he saw the motorcycle and “leaned towards the road motioning and telling the driver of the motorcycle to slow down,” the charges state. The motorcycle then collided with Mair.
“I saw James take one step from the curb into the roadway and the next thing I knew he was thrown 30 feet into the air,” his wife told police. “It all happened so fast.”
Motorcyclist fatally hits Draper pedestrian after he tried to slow them down
Mair “suffered two skull fractures, a brain bleed, brain swelling and severe lower extremity injuries” and died at the hospital a few hours after the crash, according to the charges. Smith suffered injuries that were not life-threatening, and when Mair’s wife and a friend saw him at the hospital “he held up his fingers in a peace sign and said, ‘Sup homies,'” police said.
When officers questioned Smith at the hospital, he said he could not remember everything that happened.
“He remembered driving the motorcycle but (said) that he could not remember how fast he was driving or what happened,” the charges state.
Toxicology tests showed Smith had traces of THC in his system at the time. An accident reconstruction team determined Smith was going 47 mph on a 25-mph road at the time of the crash, according to the charges.
Mair’s wife told investigators that Smith “was known to the neighborhood for speeding on his motorcycle and that several complaints had been made in the past about his speeding,” the charges state.
Another neighbor, who worked at the time for the Drug Enforcement Administration, told police that Smith frequently sped in the neighborhood in either his car or motorcycle, and one time in 2021 the neighbor followed Smith in his government-issued car and activated his emergency lights.
“He was driving in the neighborhood at excessive speed and had done so on many occasions. I informed Smith that I live in this neighborhood and there are many small children including mine in the area. I further stated that I was going to make it my mission to get Smith to slow down in the neighborhood before he killed someone,” he told police, according to the charges.
Prosecutors further note that “at age 20, the defendant already has a significant history of speeding, reckless driving and traffic violations … (He) has been cited numerous times for speeding and traffic violations prior to causing the death of the victim in this case with his reckless actions.”
Since the fatal crash, Smith has been cited three more times in Utah County “stemming from his reckless driving, suspended license, speeding and use of marijuana, with the most recent case being filed less than 30 days ago,” the charges state.
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