Charges have been filed in the July 6th, 2026, fatal crash that killed Cate Withrow, a mother, daughter, wife, sister, friend, colleague, beloved Boltz Middle School teacher and a force in the lives of those who knew her. Investigators concluded that the semi-truck driver was operating within established safety protocols, but that the construction flagger had positioned himself and Withrow in an unsafe location, making both impossible for the driver to see.
On November 4th, Fort Collins Police Services announced that 64-year-old Rudolph Baldivia had been arrested and charged with one count of criminally negligent homicide, a Class 5 felony, following an extensive investigation conducted in collaboration with the Eighth Judicial District Attorney’s Office. Baldivia remained in custody at the time of this article’s publication.
Attorneys for the family said that both they and the family are relieved to finally see some movement following the police investigation and the DA’s charging decision, after many months of waiting for answers about what happened on July 6. Cate left home that day on a bike ride and never made it home. Since then, her family has been left with an enormous number of unanswered questions and, frankly, a lot of uncertainty about what happened and why. It’s been a difficult and painful waiting period, made even harder by the fact that the family has had so few answers while trying to navigate such an immense loss. We recognize that this was a complex investigation with many facets, and we appreciate the thoroughness with which it was conducted. We also won’t pretend that waiting this long has been easy. The family, like so many in the community, has been eager to understand what happened and to see the process move forward. The uncertainty and the passage of so many months have taken a toll. We’re relieved that the investigation has reached this point and that the criminal case can now begin to move forward. At the same time, we can begin turning our attention to advancing the civil case. After so much waiting, it finally feels like there is a path forward, with opportunities for more questions to be answered and for accountability to be pursued. The family has been waiting a very long time for this next step. We’re hopeful that it marks the beginning of meaningful progress and, more so, of healing.
- Attorneys for Cate’s family: Megan Hottman of Hottman Law Office, P.C., and Rich Kaudy of The Kaudy Law Office.
Fort Collins Police Services Press Release
Fort Collins Police Services (FCPS) is providing an update to the fatal crash that occurred on July 6, 2026, at the intersection of Mulberry Street and Whedbee Street.
The Collision Reconstruction and Scene Handling team led the investigation of this complex case which required significant processing, interviews, and follow-up. They determined the driver of the semi-truck was operating the vehicle within established safety protocols and that the construction flagger had positioned himself and the bicyclist in an unsafe place, making it impossible for the semi-driver to see either of them. The bicyclist was identified by the Larimer County Coroner’s Office as Catherine Withrow of Fort Collins.
In complex cases, investigators work closely with the Eighth Judicial District Attorney’s Office (DA) to ensure a well-rounded examination of the case. For this investigation, FCPS met with the DA in late July and collaborated on additional steps. The comprehensive investigation work included consulting outside experts, conducting additional interviews, and reviewing numerous pieces of evidence. After completing that thorough amount of work, a charge was filed against the flagger.
On Wednesday, November 4, 2026, Rudolph Baldivia (dob 04/03/1962) was booked at the Larimer County Jail for the following charge:
- Class 5 Felony – Criminally Negligent Homicide (1 count)
“I recognize that today’s announcement will not lessen the pain this family and so many friends have endured, nor will it erase the grief they will continue to carry,” said FCPS Chief Jeff Swoboda. “But my hope is that today brings some measure of closure, knowing that we have taken an important step toward accountability and justice.”
Charges are merely an accusation by law enforcement, and all suspects must be presumed innocent until proven guilty in a court of law.
The crash occurred about 6:20 p.m. on Monday, July 6th at the signalized intersection of East Mulberry Street and Whedbee Street. Withrow was traveling south on Whedbee Street, crossing Mulberry Street, when she was involved in a collision with the driver of a semi-truck working on the construction project. Baldivia was also struck in the crash. The driver remained at the scene and was not charged.
