From the get-go, police revealed that Rodriguez's blood/alcohol level was twice the legal limit and that he was bicycling the wrong was down Central Avenue in Fremont at the time Tay allegedly struck him. But at Tay's 2024 preliminary hearing, a judge threw out the manslaughter charge, finding that there wasn't even evidence that Tay knew he'd hit anything other than scrap metal, and that a second motorist struck Rodriguez's bicycle afterwards without noticing it.