16-year-old killed in San Jose bike accident

SAN JOSE, Calif.

By Monday afternoon, investigators gathered up Andy Martinez's shoes, back-pack. They tried to re-create the accident by matching bike tire skid-marks on the Ford F-150 pickup involved in the collision.

The incident occurred just after 7:30 a.m. while the Silver Creek High School sophomore was on his way to school. He was only a block away when the accident happened.

Police are still piecing together who had the right of way.

"We don't have any indication of fault at this time. Our traffic investigators are out here and they will go ahead and determine whether speed was a factor. Right now we don't know whether drugs or alcohol were a factor as well," said Lt. Albert Morales of the San Jose Police Department.

The pickup was headed north on Silver Creek Road. Martinez was heading east on Capital Expressway. Police say he was not wearing a helmet.

"The driver did stop immediately. He did pull over to the side and he is currently cooperating with the investigators," said, Morales.

Sue Tatro, Ph.D., had Martinez in a class to help students who struggled academically their freshman year. She thought so highly of him that she begged his parents to leave him at SCHS when they moved closer to another high school earlier this year.

"Tall, smiley, always singing, always singing. So much so that, I, you know, I have to say, 'OK, now just for right now. OK, you can sing when your math is finished,'" she said.

Silver Creek principal Adolfo Laguna says Martinez had just recently gotten the bike after the family moved.

"Everyone is in shock. They are grieving and we have many, many students and staff members that have been reaching out to us and we're providing the support," he said.

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