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Driver disputes road rage charges

LISBON — A 71-year-old Salem man charged with felonious assault and failure to stop after an accident in an alleged road rage incident took the stand in his own defense Monday in a trial directly to Columbiana County Common Pleas Court Judge Scott Washam.

In August of 2015, Stephen R. Bauman, West School Street, was driving a 1996 Dodge pickup on North Ellsworth Avenue with cyclist Kurtis R. Masters in front of him. According to Assistant County Prosecutor John Gamble, Masters is a triathlete who was finishing a 54-mile training ride going at or above the speed limit on Ellsworth just north of the Salem Community Center.

Bauman is accused of not giving Masters any room, pulling in front of him and slamming on the brakes. The maneuver caused Masters to strike the back of the pickup and flip into the bed of Bauman’s truck, where he landed on another bicycle inside which Bauman testified he was riding earlier on the Greenway Trail.

Witnesses testified earlier in the day they heard the two men yelling at each other and the driver of a vehicle going the other way said he moved over so Bauman could go left of center if he needed to do so to avoid the cyclist.

However, Bauman testified there was no need to cross the yellow line. He said there was enough room along the street for the bicycle to have three feet of space and for his pickup to pass him without crossing the yellow line. Bauman also testified Masters was in the middle of the road, but moved over to the edge when he heard Bauman approaching from behind.

After passing the bicycle, Bauman said Masters was yelling at him about not giving him the right of way, to which Bauman said he did not understand what he was talking about because with both the vehicle and the bicycle heading in the same direction, no one needed a right of way.

“If you did not have the right of way, how do you justify passing him and nearly running him off the road,” questioned Chief Assistant County Prosecutor John Gamble.

Bauman testified as he passed Masters, the cyclist veered toward the back of his truck and after passing Masters and continuing 25 yards down the road, he could still hear Masters yelling at him.

“He turned into a raving maniac,” Bauman said of the cyclist screaming at him as he continued driving. Bauman said he became concerned about all the yelling, looked in his sideview mirrors to see what Masters was yelling about, but could not see him, so he “abruptly stopped.”

Gamble questioned Bauman about that characterization of stopping, noting others testifying said they saw him slam on the brakes so hard the front of the vehicle dipped down.

“Only a lunatic would follow someone straight down the road like that,” Bauman said of Masters following right behind him after he passed him. Bauman later added, “He did not have control of his bicycle.”

However, Gamble noted Bauman stopped right in the middle of the roadway. At that point, Bauman said Masters fell into the back of his pickup and landed in the bed of the vehicle. Bauman said Masters was not hurt at all, got out of the pickup bed, yelled expletives at him and struck him twice in the face through the open window, before Bauman drove away.

Bauman’s attorney, Joseph Ludovici, asked Bauman about accusations by the police testifying earlier that he was trying to avoid police when he left the scene. Instead, Ludovici suggested, Bauman was trying to get away from Masters. Bauman testified he lost a tooth due to being struck.

Bauman was asked if he respects bicyclists, to which Bauman responded, “I am a bicyclist.” He also added he has never caused anyone any harm in 70 years of his life.

Salem police officers Richard Miller, Danny Green and Steve Larosa had earlier testified they looked for the pickup which had driven away and found him in the parking lot of the Salem Community Center, but he pulled out as a police officer pulled in. They eventually were able to stop him and questioned him about the crash. Additionally, John Shaw and David Bedell, two witnesses to the crash, and Masters had taken the stand earlier accusing Bauman of purposely causing the accident with the cyclist.

Bauman pleaded guilty to the charge in August, but later requested to be allowed to withdraw his guilty plea.

Washam said he will take the case under advisement following the conclusion of closing arguments.

djohnson@mojonews.com

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