Tyler Wren and Todd Herriot were riding at the front of the pack when according to reports and court documents, Kinkade drove next to the group, began cursing at them and telling them to get off the road. After yelling at the cyclists he struck Herriott who crashed into Wren causing them both to fall.

In one court document, Kinkade and his attorney argued the cyclists were riding outside the shoulder and more than two abreast when he struck the cyclists.

Kinkade said he heard a thump on his car and saw the cyclists on the ground in his rearview mirror, but didn’t think they were seriously hurt so he didn’t stop."

28-735. Overtaking bicycles; civil penalties
A. When overtaking and passing a bicycle proceeding in the same direction, a person driving a motor vehicle shall exercise due care by leaving a safe distance between the motor vehicle and the bicycle of not less than three feet until the motor vehicle is safely past the overtaken bicycle.
B. If a person violates this section and the violation results in a collision causing:
1. Serious physical injury as defined in section 13-105 to another person, the violator is subject to a civil penalty of up to five hundred dollars.
2. Death to another person, the violator is subject to a civil penalty of up to one thousand dollars.
C. Subsection B of this section does not apply to a bicyclist who is injured in a vehicular traffic lane when a designated bicycle lane or path is present and passable.