FREMONT — Alameda County prosecutors were unable to make charges stick against a man in his 70s who allegedly struck and killed a bicyclist while commuting to one of his two jobs at 2 a.m., court records show.

The defendant, David Tay, 72, was originally charged with vehicular manslaughter in the Nov. 9, 2022 crash that killed Ruben David Rodriguez Jr., 29, in Fremont. From the get-go, police revealed that Rodriguez’s blood/alcohol level was twice the legal limit and that he was bicycling the wrong was down Central Avenue in Fremont at the time Tay allegedly struck him.

But at Tay’s 2024 preliminary hearing, a judge threw out the manslaughter charge, finding that there wasn’t even evidence that Tay knew he’d hit anything other than scrap metal, and that a second motorist struck Rodriguez

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