The man believed to have been the driver in a single vehicle accident Sept. 19 on Simonds Road in Kirkland has been accused by King County Prosecutor’s Office of being a “danger to the community” after leaving the scene of the accident that left one of the passengers dead.

Bail has been set at $100,000.

Thomas Cushman Bird, II of Woodinville, 48, has been charged with vehicular homicide, vehicular assault and hit and run. Although he has no felony convictions, prosecutors stated he has an extensive history of violating traffic laws going back to 1989, including negligent driving, reckless driving, hit and run attended and unattended and no valid operator’s license with valid identification (NVOL).

“The defendant cannot or will not comply with the rules of the road and now a man has died,” the charging papers claim. “He is a danger to the community.”

The accident occurred late in the evening on Sept. 19 after Bird had been drinking at a local Kirkland casino with several friends, including Kenmore resident and Redmond High School graduate Kyle J. Reel and Dave “Beaver” Zielinski, one of the fisherman on the boat “Time Bandit,” featured on Discovery Channel’s Deadliest Catch. Then they left in a Porsche Bird had borrowed from a friend. At around 10:45 p.m., police claim Cushman was going around 80 mph in a 35 mph zone when he lost control, crossed into the oncoming lane, left the roadway and crashed into a fence and up an embankment at Simonds Road Northeast and 92nd Avenue Northeast. The impact threw Reel, who had been sitting behind the driver’s seat, into the front of the car, causing him to suffer fatal injuries. When responding bystanders arrived they mistakenly believed he was the driver and pulled him out. Barely conscious from severe rib fractures, Zielinski told people that “Bird” had been driving, which police at the scene assumed was a nickname for Reel, the presumed driver.

Prosecutors allege that Bird left the scene of the accident immediately, despite suffering significant injuries, and walked to Zielinski’s home three miles away. He was discovered there the next morning when a friend arrived to take care of Zielinski’s dogs. After explaining to her what had happened, Bird allegedly told the person not to contact the police or medics. It was then the police discovered that Reel was not the driver.

Police were then informed that a Shoreline medic unit had responded to a Zielinski residence to treat Bird, who eventually was transported to Haborview Medical Center. Bird allegedly had injuries that were consistent with that of a car accident, according to the medic supervisor who contacted the police. They also claimed Bird had admitted to the medics he had been driving the Porsche.

The Reporter first became aware of the mistaken identity after it was contacted by Anita Reel, Kyle Reel’s mother. Anita Reel insisted her son had not been behind the wheel and would not have driven while intoxicated. Kirkland Police Department officials, while maintaining that the crash was still under investigation, confirmed her claims that her son was not the driver. The blood alcohol level of Bird could not be confirmed by police.

At the hospital, Kirkland police questioned Bird, who allegedly stopped speaking with them once he learned Reel had been killed. He was arrested and then released on his own recognizance.

During the followup investigation, casino video footage showed Bird had consumed at least six alcoholic beverages at the Kirkland casino approximately between 8:05-10:17 p.m. The footage also showed Bird getting into the driver’s seat of the Porsche as it left the casino at around 10:34 p.m.

After news got out about Reel’s death, friends and family have also left photos and flowers at the site of the crash. His celebration of life ceremony was held Sept. 28 at the VFW Hall in Redmond. A lifelong self-employed businessman, he eventually moved up to Bristol Bay in Alaska to work as a fisherman and was described by his mother as honest and funny.

“What a blessing it was to even know him,” she said.

In addition to his mother, Anita, Kyle Reel is survived by his father, Wilbur, as well as his brothers, Shaun and Chad.