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Molalla resident cited for driving while using cell phone, in same week man pleads guilty in fatal careless driving at same intersection during previous month

At about 3:40 p.m. Friday, May 31, Oregon City police responded to another crash involving a driver hitting a pedestrian in the crosswalk at Molalla Avenue and Pearl Street.

PHOTO COURTESY: KOIN 6 NEWS - A cell-phone video captured Josefina Rojas-Bernadino singing and dancing at an Oregon City restaurant minutes before her untimely death.Police say that a female driver using her cell phone caused minor injuries to a 12-year-old boy in the crosswalk. Molalla resident Tracy Laura Gary, 26, was given a citation for allegedly operating motor vehicle while using a mobile electronic device, and if the court finds that this is her first offence involving cell-phone use contributing to a crash, Gary will have to pay a fine up to $2,000.

On May 28, Oregon City resident Jordan Jacob Baurer, 24, pleaded guilty to careless driving in hitting and killing Josefina Rojas Bernadino on April 17 as she was trying to walk across Molalla Avenue.

Baurer told the Oregon City Municipal Court that he was guilty in carelessly driving his pickup, resulting in the death of a vulnerable road user. This statute of Oregon law requires Baurer to complete a traffic-safety course and perform at least 100 hours of community service within a year. Oregon City Judge Laraine McNiece told Baurer that he will have to complete 200 hours of community service in the next 12 months or face a fine up to $12,500 and suspension of driving privileges for one year.

As previously reported, OCPD Capt. Shaun Davis said the death of a pedestrian in city streets is a sad situation for everyone. He emphasized that police officers work hard to protect and advocate for victims.

"It's very tragic for the victim and the victim's family and, unfortunately, this young man who hit her will have to live with that for the rest of his life," Davis said.

Rojas Bernardino, 52, waited for her crosswalk signal to turn before she started to cross the Pearl Street intersection. The Gresham resident was leaving Loncheria Mitzil Mexican Eatery on Molalla Avenue when she was hit and killed at 5:01 p.m. Police arrived within 30 seconds, but she suffered fatal injuries and was pronounced dead at the scene.

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