Was Biocchi using his cell phone at time of fatal crash?

Joe Biocchi may have been talking on his phone at the time of a crash that took the life of 19-year-old Matthew Howard last year, according to a review of cell phone records conducted by the Office of the Independent Police Review Director.

The new evidence, which so far has not been tested in court, indicates that Biocchi finished a seven-minute, 34-second phone call at 2:57:50 a.m. the morning of the crash.

One minute and 55 seconds later, Biocchi called 9-1-1 to report that he'd struck a pedestrian walking in the middle of the road.

"It appears that Mr. Biocchi was on the phone when he struck Matthew Howard," the report concluded, adding that Biocci appeared to have deleted about 40 records of phone calls and text messages from his phone.

Biocchi was charged with careless driving and failing to drive in a marked lane.

Both those charges were dismissed last November for what a prosecutor claimed was a lack of evidence.

The crash happened on Queen Street East near Lorna Drive, in the early-morning hours of February 28, 2010.

The following is the text of a report prepared by the Office of the Independent Police Review Director.

************************* Analysis of cell phone records of Mr. Joe Biocchi

The Office of the Independent Police Review Director issued a 'summons to produce' for the cell phone records of Mr. Joe Biocchi.

The summons allowed for the reproduction of the cell phone data for February 28th, 2010 from 12:01 a.m. to 11:59 p.m.

The records indicated a total of 116 events during this time frame.

It is known from the data retrieved from the International Bridge toll card of Mr. Biocchi that he entered the United States on the 27th of February, 2010 at approximately 10:59 p.m. and returned to Canada the 28th of February, 2010 at approximately 2:35 a.m.

From 12:34:57 a.m. to 2:16:36 a.m., there are a total of 11 cell phone events on Mr. Biocchi's phone; five incoming text messages; three outgoing text messages and three voice mail messages were retrieved.

According to the statement of Civilian Witness 11 and information obtained from the International Bridge toll card, Mr. Biocchi was still at the bars across the river in Sault Ste. Marie, Michigan at these times.

From 2:29:05 a.m. to 2:42:09 a.m., there were 16 text messages, seven incoming and nine outgoing.

This is the time period in which Mr. Biocchi was driving from the United States to Canada to his place of employment, Sault Ste. Marie Charity Casino.

At 2:50:04 a.m., Mr. Biocchi placed an outgoing call to his residence.

This call is noted as lasting eight seconds.

At 2:50:16 a.m., Mr. Biocchi placed a second outgoing call to his residence.

This call lasted seven minutes and 34 seconds.

During this call, at 2:55:43 a.m., an incoming text is sent to his mobile device.

At 2:57:50 a.m., the call is terminated.

At 2:59:45 a.m., one minute and 55 seconds later, Mr. Biocchi places a call to 9-1-1 telling the call taker that he struck someone who had been walking in the middle of the road.

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