Anthony “Tony” Martin, left, was struck and killed in a Jan. 26 hit-and-run. His family is suing Bret Lee Biedscheid, right, who last week pleaded not guilty to charges in Martin’s death.

A lawsuit brought by the family of the victim of a fatal January hit-and-run asserts Bret Lee Biedscheid was intoxicated on the night he struck and killed Anthony “Tony” Martin in January.

Attorney Tom D’Amore said investigators working for him have found evidence Biedscheid had been drinking at the Black Horse Saloon in northeast Bend prior to the crash on Jan. 26.

D’Amore said because police were unable to contact Biedscheid until days after the crash, prosecutors lack the evidence needed to pursue a criminal charge of driving while intoxicated. However, under the less stringent standards of civil procedure — a criminal prosecution must establish claims “beyond a reasonable doubt,” while a civil claim must be supported by “clear and convincing evidence” — D’Amore believes he can show Biedscheid was intoxicated on the night Martin was killed.

The suit, filed Wednesday in Deschutes County Circuit Court, seeks $505,000 on behalf of Martin’s sister and three children.

The lawuit is related to funeral expenses and loss of earning capacity, but does not specify a figure for noneconomic damages. D’Amore said he opted against setting a dollar amount for noneconomic damages to avoid “sensationalizing” the suit, and will instead ask a jury to award whatever amount it believes is fair.

On the night of the crash, Martin was pushing his bicycle across Third Street just north of Revere Avenue, accompanied by a second man. He was struck in the southbound lanes and died at the scene.

Two days after the crash, Biedscheid contacted Bend Police through his attorney, and turned over his damaged 2008 GMC pickup.

Biedscheid pleaded not guilty to charges of criminally negligent homicide and failure to perform the duties of a driver last week, and is scheduled to go to trial in January.

Surveillance footage

D’Amore said rumors suggesting Martin was dressed in dark clothing and could not be seen while crossing the street are unfounded. A still image taken from surveillance cameras at the Albertsons grocery store shows Martin wearing light-colored pants, and the man accompanying him wearing a light-colored baseball cap.

The civil complaint also details Martin’s extensive injuries, including skull fractures, broken bones in his right forearm and lower right leg, transection of the spinal cord and pulpification of the liver.

D’Amore said the severity of Martin’s injuries suggests he would have died regardless of whether Biedscheid had stopped after the collision.

“The humanitarian thing, and the law, requires that you stop, and that just wasn’t there,” D’Amore said.

Martin’s older sister, Terry Gibbs, of Madras, said despite her brother’s injuries, he looked good when a friend went to identify his body at a funeral home — only one small scratch on his face, the friend reported.

‘I always knew’

Around 2 a.m. on the night her brother was killed, Gibbs was awakened by a policeman who came to her home to deliver the news. She learned that night that the driver had not stopped, and a few days later learned that police had a possible suspect. But it was weeks until the Deschutes County District Attorney’s Office confirmed that Biedscheid was the target of the investigation, and nearly three months from the night of the crash until he was indicted.

Trying to get updates on the case was extremely frustrating, Gibbs said, recalling her repeated calls to Lt. Ben Gregory, head of the detectives division. Although Gregory often had little new information, Gibbs said she was always confident police were making progress behind the scenes.

“They weren’t able to tell me a whole lot because it was under investigation, but he always gave me hope,” Gibbs said. “I always knew he was going to find him, find the driver.”

Martin’s death and the often slow pace of the criminal proceedings against Biedscheid have been particularly difficult on his two adult daughters, both of whom live in Minnesota, Gibbs said. And Martin’s girlfriend has been struggling to raise their nearly 2-year-old daughter alone, she said.

Gibbs said she’s hopeful Biedscheid’s trial and the civil suit against him will help the family begin putting Martin’s death behind them. She said Martin spent most holidays with her and her three sons in Madras.

“This Christmas, he’s going to be missed, that’s for sure,” Gibbs said.

D’Amore said he expects it could be a year until his case goes before a jury.

A call to Biedscheid’s office at Les Schwab corporate headquarters, where he is director of accounting, was not returned. Staff for Stephen Houze, the attorney who is representing Biedscheid in his criminal trial, said Houze will not be representing Biedscheid in the civil case.