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Driver was using Tesla auto-pilot feature at time of deadly crash in Snohomish County

The 56-year-old told a state trooper he was behind the motorcycle on eastbound state Route 522 east of Maltby when he looked down at his cellphone.

SNOHOMISH COUNTY, Wash. — A Snohomish man behind the wheel of a Tesla at the time it crashed into a motorcycle in April, killing the rider, told police the car was on auto-pilot at the time, according to a statement of probable cause.

The 56-year-old told a state trooper he was behind the motorcycle on eastbound state Route 522 east of Maltby on April 19 when he looked down at his cell phone while the vehicle was rolling forward on auto-pilot. Distracted by his phone, "the next thing he knew, there was a bang," and the Tesla crashed into the motorcycle, according to a statement of probable cause.

The man who was killed was 28-year-old Jeff Nissen from Stanwood. He was ejected from the motorcycle and pronounced dead at the scene.

Nissen's family said he was full of life and love.

“He was very outgoing, a very, very nice person,” said Jenessa Fagerlie, who is Nissen’s sister. “He just loved riding his bike everywhere, that was his pride and joy.”

His family said one of the only things he loved more than his bike was being an uncle. He coached his nephew’s football team and always tried to take part in their interests.

“He was big on spending time with his nieces and nephews and trying to be a part of their lives,” said Matthew Hutchinson, who is Nissen’s brother.

Hutchinson said he and his brother started getting into motorcycles together around six years ago. When the crash happened last Friday, his brother was the first one to notice something was wrong due to Nissen’s phone location.

“We knew that his location hadn't moved for an hour and it was in the location of an accident,” said Hutchinson.

His family said distracted driving killed their loved one.

“I wish this had never happened,” said Fagerlie. “I wish people would really stay off their phones more.”

Hutchinson said driving is a privilege and that this could have been prevented.

“It can take someone’s life in a second, and you’re responsible for that. It’s nobody’s fault other than the person being distracted,” said Hutchinson.

Nissen’s family said they hope people will watch out for motorcycles this upcoming summer season and that people will not drive distracted, no matter what kind of car they’re operating.

“You're taking your life and everybody else's life into your hands when you drive, and it needs to be taken seriously,” said Hutchinson.

It was determined the driver of the Tesla was not impaired at the time of the crash, according to a statement of probable cause. However, he was arrested for vehicular homicide based on admitting to being distracted while using the auto-pilot feature.

The driver, who has not been officially charged, posted bond before his initial hearing. The crash will be referred to a prosecutor for an out-of-custody charging decision.

Using a vehicle in an auto-pilot is illegal in Washington state, according to Washington State Patrol. A spokesperson told KING 5 that a driver behind the wheel, even on auto-pilot, is responsible. 

There are currently three companies - NVIDIA Corporation, Waymo LLC and Zoox, Inc. - that are self-certified to test and operate autonomous vehicles on the roads in Washington state, according to the state Department of Licensing

Nissen's family has set up a GoFundMe to help cover funeral expenses. 

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