Tag Archive for Paul Livingston

Don’t expect justice. Not on a bike, not for hit-and-run. And not in Beverly Hills.

Paul Livingston, back on his feet.

Paul Livingston, back on his feet. Photo by Brandon Lake.

Three days in jail for felony hit-and-run.

Exactly half the time her victim spent in a coma. And just a fraction of the seemingly endless days he spent in the hospital, let alone long months in rehab.

No wonder Paul Livingston is mad.

Maybe you remember the story.

Just over three years ago, June 12, 2011, to be exact, Livingston was riding his bike through the Biking Black Hole of Beverly Hills when he was rear-ended by a driver, who a witness described as weaving in and out of traffic “as if she was drunk.”

In fact, that same witness was dialing 911 to report the driver when she heard the sickening thud of the impact that nearly took Livingston’s life.

As Don Ward tells the story in LA Streetsblog,

Last summer Paul Livingston, an experienced cyclist of 15 years, was commuting along Santa Monica Blvd heading east through Beverly Hills. He began slowing as he approached a stale red light. Relaxed, it was about 6pm on a clear skied Sunday afternoon and his lane – the right lane – was clear. He was estimated to be moving at about 8 miles per hour. Suddenly his world changed forever. Witnesses describe an impatient and unpredictable driver racing in and out of pockets heading east towards the soon to be green light that Paul was approaching. Paul had no chance. He was smashed from behind and thrown. It was reported that the driver never braked but instead accelerated to get away after impact.

Even worse was the terrible toll caused by that collision.

The impact was so harsh that Paul suffered multiple spinal and pelvic fractures, severe internal bleeding and abdominal injuries. He spent 6 days in a coma and another month in the hospital. Doctors performed spinal fusion surgery to 5 levels of his vertebrae. Because of his disability he was let go from his job at SIR Hollywood, and as a result his medical insurance was terminated. With no ability to work he lost his apartment soon after. Paul’s hospital bills add up to well over $1 million dollars. The driver not only left Paul with a massive hospital bill, she stole a life’s joy from him as he lie broken in the street that day. Paul may never again ride a bicycle. None of the witnesses that stayed managed to get a plate, just a vehicle description.

In fact, it was far worse.

In a follow-up piece, Streetsblog’s Sara Bond wrote,

The last thing Paul remembers that day is being put on a stretcher before he woke up in a hospital bed six days later. He suffered spinal and pelvic fractures. His pelvic bone, broken in half and pushed upwards into his bladder had severed blood vessels causing him to bleed internally. When he was first admitted to the hospital he was hypotensive, which means his organs were shutting down with the lack of blood and his body was going into shock. Paul underwent three abdominal surgeries within the first two days just to stop the bleeding. On the fourth day, the doctors were able to fix his pelvis and then he went through spine surgery only to have pelvic surgery once again to get it back to its original position. Paul also suffered from post-operative infection from the abdominal surgeries. Finally, with his fever gone, he was healthy enough to have his spinal fusion – as a result, Paul is a bit shorter now.

Yet despite the severities of his injuries, he credits his helmet with saving his life, and the large bike bag he was carrying with cushioning the impact from the car and protecting him from even greater harm.

The driver, Victoria Chin, called police to turn herself in the next day — after she’d had time to sober up, if the witness was correct — claiming she didn’t stop because she couldn’t find a parking spot.

Well, okay then.

Or at least, that seemed to be the laissez faire — if not incompetent — attitude of the Beverly Hills police.

Rather than send a patrol officer out to see her — let alone make a badly needed arrest — the officer she spoke with told her she had to come to the station turn herself in, and to bring the car with her. Instead, she showed up the next day with no car and a lawyer in tow, refusing to say or do anything other than identify herself.

And that’s when things got strange.

Livingston's warped bike doesn't begin to capture the extent of his injuries.

Livingston’s badly warped bike doesn’t begin to capture the extent of his injuries.

As far as the BHPD was concerned, no harm, no foul — ignoring that her victim was in the ICU at Cedars Sinai in a medically induced coma at that very moment.

Because of the botched non-investigation, the DA initially declined to press charges. It wasn’t until Livingston’s own lawyer conducted his own investigation and handed them a gift-wrapped case on a silver platter that they even deemed it worth pursuing.

Not that they really seemed very interested, even then.

“I never got the feeling Marta (Miller, the prosecuting attorney) gave a shit about me or my case,” Livingston said when I spoke with him last week.

In fact, he had a bad feeling about it from the beginning.

Chin’s defense attorney, a former Los Angeles DA, boasted on his website about using his connections with the office to benefit his clients. And when Livingston asked about it, he was told that Miller had worked with him for over 10 years.

But no one else seemed to see a conflict of interest; his request for a new prosecutor never even received a response from the DA’s office.

Evidently, his intuition was on target.

At the final court hearing, Miller refused to even acknowledge his presence before the plea deal was announced. Livingston says he knew a deal had been made by the guilty expression on the face of the prosecutor who should have been fighting for society’s, if not his, interests.

Chin entered a plea of no contest to felony hit-and-run. Or rather, a plea was entered on her behalf; she had moved back to her family home in Pennsylvania, and after her initial hearing, didn’t attend any court sessions until she was ultimately sentenced.

That plea deal should have been good news. California sentencing guidelines for felony hit-and-run call for 16 months to three years in state prison, with a fine of $1,000 to $10,000. Severe bodily injury brings an additional one-year enhancement, while permanent injury or death calls for another two to four years.

You’d think titanium rods permanently embedded in your back just to hold your body together would qualify as permanent injury.

But you would be wrong.

As a result of an incredibly generous deal, and despite the felony conviction, Chin was sentenced this past April to just 120 days in jail.

County jail.

Not state prison.

And given the current overcrowding conditions in LA County lockup, Livingston was warned that she wasn’t likely to serve anything close to the full term.

But he was shocked to learn she’d been released after just two days behind bars.

Two days.

Combined with another day in jail following her arrest, her total incarceration adds up to just three days, compared with the minimum 26 months in state custody she should have received. And just half the time Livingston spent in a coma because of her actions.

On the other hand, she was ordered to pay $638,434 in restitution.

Not that he will ever see the money.

Livingston’s insurance company has a $468,000 lien on any judgment. Cedars has another for $150,000. And whatever is left when they’re done will go to St. Vincent Hospital.

And not like anyone realistically expects her to pay.

Like most California drivers, she had the minimum liability insurance coverage of just $15,000 required by California law; an amount that hasn’t been increased since it was established in the 1970s.

Which also means that, while he’s almost assured of winning his civil suit, Livingston probably won’t see a dime for his lost wages, pain or suffering. The only hope is that Chin may — key word, may — have been driving as part of her job that day; if that turns out to be the case, her employer could be on the hook for the full amount of what should be a multi-million dollar settlement on top of the restitution.

Let’s hope so.

……..

Despite everything, Paul Livingston remains remarkably upbeat.

“I’m so lucky,” he says. “I got so lucky.”

Without the herculean efforts of the paramedics and ER staff, he probably wouldn’t have made it through the first night. Even after that, so much could have gone wrong that could have changed his life forever.

Yet today, he pronounces himself fully recovered, physically anyway. He’s jogging a couple of miles every other day, doing push-ups and pull-ups, even lifting weights.

And he’s back to work as a drummer in a reggae band.

On the other hand, as Streetsblog noted, he’s not back on his bike, and probably never will be.

“I’m not riding anymore and I miss it. But there’s absolutely no way I would get on a bike in traffic again, anywhere.”

He also has to bite his tongue when he sees someone else riding a bike on crowded city streets.

“I want to tell them, if you only knew the danger you’re in, not just of getting hurt, but of the person who hit you never being brought to justice…”

His voice tapers off, leaving the thought dangling in the air.

He’d never actually say it, of course.

He knows the sheer joy that comes from riding a bike, and wouldn’t want to take that away from someone else.

But for all his upbeat attitude, the pain and financial stress has taken its toll.

I’ve gotta be honest. I’ve been really bummed out about the medical liens, insurance bullshit, and the reality of possibly not getting anything financially for my pain, suffering and all the emotional stress. I’m a professional musician and I lost my studio in Hollywood, my apartment, my job, my medical insurance. It’s been just one gnarly fight after another.

I had to fight to stay alive, I had to fight to learn how to walk again, I had to fight to get disability payments, I had to fight to get the Beverly Hills DA’s office to press charges and it just keeps going.

The hell I went through is something anyone would go to great lengths to avoid and that’s what’s hard to explain to people.

Until you experience trauma like that, you just don’t know. Imagine not being able to sleep while in pain waiting for spine surgery wondering if you’re going to still be able to walk again, go to the bathroom by yourself, and have sex again.

The physical pain was absolutely brutal but the emotional trauma is something that still haunts me. And I have to live with titanium rods and screws in my back forever.

So yeah, she took a lot away from me and the fact that she only did 3 days in jail makes me want to pack my shit and move to Montana.

But I want to try and help change things here so that other people don’t have to go through the hell I went through.

Yet remarkably, Paul Livingstone is not a vengeful man.

If she had shown some sign of remorse; if she’d just come up to me one time to say she was sorry, I might have let the whole thing go.

But she never did.

……..

Maybe I should let the story end there.

But as someone who has long argued for tougher hit-and-run laws, and applauded the efforts of Don Ward, Damian Kevitt, state Assemblymember Mike Gatto and others to pass hard-hitting legislation, I realize it doesn’t really matter.

This obscene epidemic will never end, and the physical, emotional and financial toll of hit-and-run will continue to build as long as police, prosecutors and the courts refuse to take it seriously.

This should have been an easy case for the police to investigate. But they didn’t care.

It should have been a clear-cut prosecution for the DA’s office. But they didn’t care.

It should have been a chance for the judge to send a message that this kind of behavior won’t be tolerated in a civil society, and that there are serious consequences for running away like a coward and leaving another human being to bleed, and possibly die, in the street.

But he didn’t care.

Or if anyone did, not enough to actually do anything about it.

Until we change the attitude that traffic crime doesn’t matter and people don’t have to be held accountable for their actions, nothing will ever change.

Livingston is right. We can expect a lot of things when we ride.

But justice isn’t one of them.

Especially not in Beverly Hills.

 

What the f*** is wrong with Beverly Hills??????

Excuse me if I’m a little livid.

Okay, mad as hell, to the point that my head may explode.

Because once again, a story has surfaced of a cyclist seriously injured on the streets of Beverly Hills. And once again, the local gendarmerie is either incompetent, or just doesn’t give a damn about a bike rider bleeding on their streets as a heartless motorist just drives away.

It’s an all-too-common complaint I’ve heard from far too many bike riders. They get hit by a car in the Biking Black Hole, and there’s little or no follow-up by the Beverly Hills police.

And as a result, little or no justice.

The latest case comes courtesy of L.A. Streetsblog, as they follow-up with Paul Livingston, a rider so critically injured in a hit-and-run that he’s able to walk only through the miracle of modern medicine.

Let alone still alive.

The last thing Paul remembers that day is being put on a stretcher before he woke up in a hospital bed six days later. He suffered spinal and pelvic fractures. His pelvic bone, broken in half and pushed upwards into his bladder had severed blood vessels causing him to bleed internally. When he was first admitted to the hospital he was hypotensive, which means his organs were shutting down with the lack of blood and his body was going into shock. Paul underwent three abdominal surgeries within the first two days just to stop the bleeding. On the fourth day, the doctors were able to fix his pelvis and then he went through spine surgery only to have pelvic surgery once again to get it back to its original position. Paul also suffered from post-operative infection from the abdominal surgeries. Finally, with his fever gone, he was healthy enough to have his spinal fusion – as a result, Paul is a bit shorter now.

You’d think that any competent police agency would conduct a thorough investigation of such a serious felony, and do everything necessary to bring the near-killer driver to justice.

You’d think.

I ask him about the person who hit him, self-identified as Victoria Chin. He tells me that during the time of his recuperation, he had been in touch with the Beverly Hills Police Department to find out what was going on with the woman who hit him and then ran. Apparently, they were dropping the ball on his case as they never even processed her car for evidence. And her explanation for not stopping, as given to the BHPD, “There was no place to park.”

The technical loophole that Victoria Chin falls into is that no one could properly identify her even though the day after the collision she called the BHPD herself. The police officer she spoke to said she had to come in to the police station to turn herself in. She then called back saying she would be in tomorrow. The police officer reminded her to bring her car in for processing. The next day, Chin showed up without her car and with a lawyer. She only admitted to being Victoria Chin refusing to say anything else. Her lawyer asked the police officer if they were going to book his client. BHPD said no. So, the lawyer asked if they were going to arrest his client. BHPD said no.

They let Victoria Chin go. No arrest. No charges.

It’s far from the first time something similar has happened.

Beverly Hills police and courts have repeatedly dropped the ball on cases involving cyclists. And while they have responded to pressure from riders, it shouldn’t be up to us to force them to do their damn jobs.

Now don’t get me wrong.

I’m not anti-police.

In fact, I have a great deal of respect for most cops, and have often been impressed with the responsiveness of the LAPD when I’ve dealt with them on various issues. While there are always a few bad apples, I’ve found overwhelming majority of officers are caring and committed to doing their best to protect the public and bring justice to those who have been wronged.

With the obvious exception of the NYPD, who the Beverly Hills police are evidently trying to emulate in their lack of responsiveness in incidents involving bicyclists and pedestrians.

But there is simply no excuse for any department dropping the ball so badly in so many cases where bike riders are run down on their streets. And given that it happens so often, the question arises whether it’s the fault of a few incompetent cops, or if there is a willful, systemic bike-blindness within the department that emanates from the top down.

It’s not a question I can answer right now.

Fortunately, charges were finally filed in the Livingston case, despite the failure of the department to conduct the most basic investigation.

In late august 2012, over a year after the crime, Don Ward wrote about the crash here at Streetsblog and elsewhere informing people about Paul’s situation and called on the cycling community to join them at the Beverly Hills City Council Meeting to draw attention to his case.

For a moment, Paul pauses his story, speechless, he swallows and then tells me that four months later, after the public outcry and the persistency of his lawyer, Otto Haselhoff, the DA of Beverly Hills is finally pressing charges. The helplessness that Paul describes to me, all his suffering, mental and physical anguish, had begun to lift. He quit drinking, started jogging, he was able sleep through the night.

“Knowing that something can be done, that there will be some kind of justice, this changed my life.”

Maybe so.

It’s long past time for Beverly Hills Police Chief David Snowden and new Mayor John Mirisch to meet with bicyclists to find some solutions to the dangers we face on their streets. And the apparent lack of support we get from the police.

In the meantime, I will continue to avoid Beverly Hills as much as possible. Not just because of their failure to provide a single inch of bikeway anywhere in the city.

But because I don’t trust the police to give a damn conduct a thorough and honest investigation if I end up bleeding on their streets.

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