A Sioux Falls man who was accused of intentionally hitting a bicyclist in an alleged case of road rage last year at 57th Street and Louise Avenue has changed his plea. But whether or not he gets jail time may come down to a piece of surveillance video.
A picture of 39-year-old Joshua Schroeder was put all over Facebook last year by cyclist Joe Stiller.
Stiller snapped the picture with his phone while on his bike after he claimed Schroeder purposely hit him from behind with his truck at an intersection last April and yelled obscenities at him.
"Every time he pushed me, I felt like I was going to go underneath his car," Stiller said.
Schroeder was originally charged with simple assault and reckless driving.
But Tuesday, Schroeder's defense attorney pleaded guilty on behalf of his client to a charge of following too closely, which is a misdemeanor.
Jeff Larson told the judge what Stiller was claiming wasn't true.
"He wasn't there, so and that's his job to call me a liar and discredit me," Stiller said.
Larson told the judge "anyone who has ever ridden a bicycle has had close calls. There were no marks on his bike. The bottom line is there was never an accident and there's video to prove it."
But Lincoln County Deputy State's Attorney Ryan Wiese says the video is questionable.
"That could be largely because it's out of the camera's view, where it looks like they are very close or have made contact, but it's outside the camera's view and it's very choppy footage and definitely not high definition," Wiese said.
Regardless of what the video shows or what Schroeder gets, Stiller wants to send a message.
"If I can get anything out of this trial, I would love for us all to be more aware of each other on the road because we all have rights to the road," Stiller said.
The judge says he'd like to review the video first before he sentences Schroeder February 4. He faces 30 days in jail and or a $500 fine.