ALBUQUERQUE (KRQE) - A man changing his tire on the side of the Interstate 40 died Tuesday morning after being hit by a car in Albuquerque.
The collision in the westbound lanes west of Carlisle Boulevard happened shortly after 11 a.m.
According to police Timothy Sheehan was changing the tire on the shoulder between the fast lane and the median barrier.
The driver who hit him, Wayne Salguero of Winslow, Ariz., did stop but refused to make a statement to police. Instead he asked for a lawyer.
Salguero has been charged with vehicular homicide.
Police say they found no sign that Salguero attempted to brake and say he was either extremely distracted or intentionally drove off the roadway.
They have taken his cell phone into evidence as part of their investigation.
But at least one eyewitness tells News 13 that Salguero wasn't at fault.
"When I came around the bend, I saw a guy changing his tire and the first thing that came to mind was 'Oh my god, what is that guy doing? He's going to get hit,'" said Shelley Ohnleiter of Albuquerque.
Ohnleiter said Sheehan was too close to the road.
"The (driver) could have been startled when he saw (Sheehan) and just one little jerk of the wheel could have caused him to hit him," said Ohnleiter.
All the westbound lanes were closed and traffic diverted to city streets for about two hours while police completed their field investigation.
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