Archive for Injuries and Fatalities

Family member reacts to Tuesday’s hearing for Stephanie Segal, accused killer of cyclist Jim Laing

The Laing family; Jim is in the center, his sister Peggy is on his right

This past Wednesday, a hearing was scheduled at the Malibu Courthouse for Stephanie Segal, the driver accused of killing popular cyclist Jim Laing in a drunken hit-and-run in Agoura Hills last October.

I had planned to attend until last minute obligations kept away. However, I just received an email from Peggy Krause, older sister of Jim Laing, who filled me in on everything I missed; she graciously agreed to let me share her thoughts with you.

Hi Ted – Hope you remember me.  I am Jim Laing’s sister, Peggy Krause.

I was waiting for the hearing for Ms. Segal to take place in order to write you and that time has come. Yesterday, September 7th, was Stephanie Segal’s final Pretrial hearing before Judge Lawrence Mira in Malibu Courthouse. Thanks for keeping tabs on the status of her case in your last few newsletters. Although there were no cyclists in jerseys present at the hearing, our family is grateful for your support.

The reason for this hearing was primarily for Victim Impact Statements. My whole family wrote Victim Impact Statements and sent them to Judge Mira and we were each provided ample time to present them verbally in court to the Judge. My mother went first. I accompanied her to the podium where we were to deliver our statements, as she was too distraught to stand on her own. Stephanie Segal was, in fact, present at the hearing, with her attorney… Only a few feet away from us. My Mom started her statement with … “I loved my son from the day he was born” and wept through her entire speech, ending with a statement to Ms. Segal to the effect that she hoped someday she could do something good in her life by helping others to avoid another tragedy such as this. It was heartbreaking and the entire courtroom was visibly moved, including Judge Mira and his clerk.

Afterward, there was at least 30-45 min. of negotiations at the Judge’s bench between the Senior D.A., Ms. Segal’s attorney, and Lulu’s private (civil) attorney…heated discussions and audible objections from Lulu herself directly to the Judge. It seemed like an eternity. Counsel were so far apart on the length of time for Ms. Segal’s incarceration and Ms. Segal’s offer was vehemently unacceptable to us. That being said, the Judge declared sentencing would be postponed until October 27, 2011 at 10:00 am. By the way, Ms. Segal has NEVER changed her plea of “Not Guilty”.

Afterward, the D.A. and an independent counsel who was there in the courtroom approached our family on the courthouse steps stating that it had been a very long time since they had seen a family so gracious and dignified towards a defendant who had taken a family member’s life. They assured us that it had a profound effect on the Judge’s decision that day versus if no family had been present or made statements in court. It was an unexpectedly good feeling of relief in that justice actually may be served in this case. It was without a doubt the best thing we could have done for Jim.

I attached my Impact Statement in lieu of a statement right after Jim’s death. This case is not only about Jim, but about ALL cyclists… That this type of behavior CANNOT be tolerated. There must be a precedence set for this type of crime. As my statement sets forth, I personally will NEVER feel the same when I ride now … Always looking over my shoulder with trepidation and an abundance of caution in my heart that frankly was never there before.

I also attached a recent picture of our family: Jim’s in the center I’m in yellow shirt on Jim’s left. Thank you again, Ted. You have been invaluable to our family and to the cause of all cyclists out there.

Peggy

……..

Here’s is the Victim Impact Statement that Peggy Krause submitted to the court (click to enlarge). I hope you find it as moving as I do.

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

……..

In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

Update: Car hits group ride in Lancaster following collision, husband and wife injured

Intersection where collision occurred; photos courtesy of Sarge and Michele Chavez

Once again, cyclists are collateral damage on the roads of Southern California.

According to a report from the L.A. Sheriff’s Department, a husband and wife from Valencia were seriously injured when two vehicles collided in the middle of a Lancaster intersection.

Approximately 20 cyclists were participating in a group ride organized by a local bike shop. As they crossed the intersection of Avenue L and 4th Street West Avenue L and Division Street around 8 pm, a PT Cruiser struck a minivan that was traveling next to them, forcing the van into the couple’s path.

Despite wearing a helmet, the husband suffered head trauma and is in critical condition in a local hospital; the wife is listed stable condition with moderate injuries. Neither has been publicly identified.

More information when it becomes available.

Update: A comment left by Whitney, who was on the ride, says that that collision occurred at approximately 8 am, rather than 8 pm as the L.A. Times and other sources have reported. She offers a little insight into what happened:

The group followed all rules of the road; we were barely into the ride, just starting out, less than a mile from starting. A car ran a red light and exactly as Opus shares, no one, no action, could have prevented this with the exception of the driver of the car that ran the light at high speed.

Even if the 2 cyclists were off to the side of the road, it is possible with the speed of the car at cause, and the trajectory of the car it hit, no “spot” was safe to be. In fact, different angle and the rest of us could have been hit.

Be safe, fellow cyclists, as none of us set out on Saturday morning with anything other than the camaraderie of a group ride in mind. Do whatever you can to raise awareness with your group. No doubt someone from our group will reach out for help, to help this family.

Again, the ride was at 8am, not 8pm. Daylight, morning, not evening. Should be safe right? Perhaps cameras at stop lights aren’t such a bad thing, at least, to capture cause when something like this happens, since all too often these events are at intersections.

Whitney offers an interesting suggestion.

Even with the removal of red light cameras in Los Angeles and other cities in the Southland, there are still thousands of traffic control cameras installed at the busier intersections.

It shouldn’t cost much to expand that system to cover most major intersections, not just to monitor traffic, but to provide evidence to police, attorneys and insurance companies in the event of a collision. Maybe that’s something that could be funded by the legal and insurance professionals who have a financial stake in determining exactly who is at fault in serious wrecks.

And Whitney and Opus raise another good point. Chances are, no one could have avoided a collision like this. Sometimes events occur so swiftly that escaping is not an option. 

However, it’s important to remember that similar tragedies have resulted to death and serious injuries to other drivers, pedestrians, people waiting at bus stops, customers and employees in nearby businesses, and even people in the presumed safety of their own homes. Once a vehicle goes ballistic, there’s no way to control who or what it hits, or who gets hurt as a result. 

This is not proof, as some will undoubtedly suggest, that bicycling is dangerous.

But rather, that cars are — especially in the hands of dangerous, careless and/or speeding drivers.

My heartfelt prayers for the victims, and all their family and loved ones.

Update: I’m told that the husband, Nathan “Bud” Tippee, has died of his injuries. Unfortunately, there hasn’t been any confirmation in the press, but that’s not unusual; the press often doesn’t follow-up on stories involving critically injured traffic victims. If I get any more details, I’ll let you know.

Update: 50-year old cyclist killed by hit-and-run driver in South L.A.

As reported here last night, a cyclist was killed in a hit-and-run collision in an unincorporated area near Compton.

The bike rider, identified as 50-year old Enrique Lemus Bautista, was riding north on Avalon Blvd when he was hit by a dark colored car travelling west on Redondo Beach Blvd shortly after 9 pm Tuesday. The car, described as a black BMW, never stopped.

According to the Daily Breeze, witness reports conflicted, preventing CHP investigators from determining who had the right-of-way. It was also unknown if the driver was speeding.

No other information is available at this time.

As far as I’m concerned, though, anyone who leaves another human being to die in the street should be charged with murder, regardless of who is at fault.

This is the 50th confirmed traffic-related cycling fatality in Southern California this year, and the 16th in L.A. County. It’s also the 10th fatal hit-and-run involving a cyclist, and the 4th in the County of Los Angeles.

Thanks to Rex Reese for the KCBS-2 link.

Cyclist killed in South L.A.

Dispatches from the California Highway Patrol indicate that a cyclist may have been killed in the South L.A./Compton area tonight.

According to the report, a bicycle rider was hit while crossing the intersection of Avalon Blvd and East Redondo Beach Blvd in West Compton around 9:11 pm; the cyclist was pronounced dead around 9:23.

While the report is listed as a possible fatality, it also indicates that the Coroner was called to the scene.

More details as they become available.

Update: Total Traffic L.A. confirms that a cyclist was killed at that intersection; Redondo Beach Blvd is closed from San Pedro to Avalon. 

This is the 50th confirmed traffic-related cycling fatality in Southern California this year, and the 16th in L.A. County.

Update 2: I’m told that KTTV Fox 11 reported tonight that this collision was a hit-and-run; no link to the story yet. KTLA-5 confirms that it was hit-and-run.

A beautiful, moving remembrance of a fallen cyclist. And brother.

Almost one a year ago to the day, I received an email from a reader telling me that a friend of his had been killed riding his bike a few days earlier.

A link to a Facebook page brought confirmation that Doug Caldwell, a popular local cyclist and scientist, had been killed, and another man, Scott Evans, seriously injured.

The driver, Gordon Wray, was charged with the death, and acquitted. Even for the relatively light charge of misdemeanor vehicular manslaughter, it was a difficult case to prove.

In the flurry of angry comments that followed, I was surprised to see Stephen Caldwell jump into the fray to challenge those who claimed his brother’s death was nothing more than just an accident.

Afterwards, I offered him the use of this site if he ever wanted to tell his story, or simply remind us of the man Doug had been.

This past weekend, Stephen took me up on my offer — exactly one year after his brother was struck down on Foothill Blvd.

……..

To My Brother

For a boy, a bike means freedom. With a bike he can ride to a friend’s house or explore new neighborhoods on the weekend. He doesn’t need his parents anymore to drive him to school. He can, if he wants, ride to the beach. Were he a surfer he could devise a means to carry his board.

I think of my own boyhood. Few were the consecutive days when I did not ride my bike. Indeed, I took it so much for granted that recently I tried to remember the bicycle I used from the 7th through the 11th grade. Though I can specifically remember the Centurion ProTour I purchased just before my 12th grade year – the year I started driving – I cannot remember the prior one. I think it may have been light blue. I think it was a Schwinn. But it was my freedom. And I often rode with my brother.

For an adolescent boy-becoming-man, a car means freedom. He can go to the same places he went on his bike, but now more quickly. He can take girls on dates. He can drive to work at night. If he persuades his parents, he can drive to a city he never could have reached on bicycle. Greater freedom and a larger world.

For the adolescent with car keys, the bike takes on new meaning. Now a bike becomes simply a means of exercise. Or a way to feel the wind in his hair. (We lived at a time when helmets were rarely worn.) Now it is not primarily a means of transportation, but of recreation.

For some at this stage, the bicycle recedes into the past. They take it out again when they have their own children, or perhaps when they are on vacation and pleased to enjoy a summer boardwalk in a carefree way. For others, bicycles rise to the racks atop their cars, now transportable to scenic roads away from the busy city. For a few, bicycles become symbols of something greater, of greener worlds and healthier humans.

As boys, the bicycle demonstrated the sort of men we might become. The steep hills were our crucible. At the base of the hill one had three choices:  push the bike up while walking beside it; zig zag up to decrease the effective grade; or dig deep into oneself and learn to dominate the hill by going up it straight.

For the first boy, the ride down is but a lazier extension of the walk up. It is remarkable only in that it might not have been at all, close as the boy was to simply turning around at the bottom to look for an altogether easier route. For the second boy, the ride at the end is a reward for his labor. The gravity he once resisted now serves for his relaxation. But the rest is short-lived. Another hill will come, ever a burden.

For the last boy, the ride down on the wings of gravity is like a hero’s flight on the wings of victory. He has triumphed. He does not dread the next hill but seeks it out. “I defy you,” he thinks. “Indeed, though you may be even steeper and longer, I shall learn to ascend you faster.”

In a way, the three boys so described are three types of men. One cruises along in society, often at the expense of others. Another makes his way, but with only enough energy to provide for himself and the small world of his affections. The third is the sort who leads. Metaphorically, he has the power and strength to ride a tandem up a hill even doing the greater share of the peddling. Indeed, he can push himself to great heights because he knows that life is like the hills he conquered in his youth.

As a man, he must drive his car to his place of work, the place where he rides metaphorical mountains straight up. As a man, he sometimes rides his bicycle to work, a bit of a boy still in him. He enjoys the exercise which stills his busy mind, his mind which at his place of work he exerts for developing concepts or equations and for leading others to do embrace a vision.  He enjoys the open road with nature to his side – at least as much as he can experience in the city. He feels the air on sides of his head, but not the top, for now he does wear a helmet.

He is free for one last time. Ironically, on this day he is riding up a slight hill without exertion.  He has many mountains yet to climb, in tandem or as vanguard, showing others the way.

He is a man for one last time. And then a driver, proving only a simple law of basic physics – that energy times mass equals force – lays that man, my brother, to rest beside the road.

Like that. It ends. And we are left groping for answers.

Douglas Caldwell, a lifelong cyclist, was an eagle scout, a nature photographer, and a UCLA Ph.D. He had spent many years advancing space exploration, but in recent years had shifted his focus to alternate energy development. On August 20th, 2010 he was riding to his new job at JPL where he would have led a program to develop smart grid technologies for a greener planet earth. A driver straying into the bike lane struck him down. Douglas died the following day. 

Yet another teenage cyclist killed earlier this month, this time in Rancho Cucamonga

A 16-year old Rancho Cucamonga cyclist died August 5th, nearly a week after he collided with a car.

Bernie Cota, who would have been a junior at Rancho Cucamonga High School, was riding his bike to a friend’s house on Friday, July 29th when the wreck occurred at the intersection of Milliken Ave and Terra Vista Parkway. No other details about the collision are currently available.

Cota was not wearing a helmet at the time, even though helmets are required for anyone under 18 in California. He suffered severe brain injuries, and despite surviving emergency surgery, lingered in a coma before being declared dead on Friday, August 5th.

According to the Inland Valley Daily Bulletin, his organs were donated after his death.

All of Cota’s organs were healthy and his mother opted to have them donated. She is absolutely certain that her son would have wanted it that way.

“Many people got good news that day,” Denise Cota said.

But many others received news that broke their hearts, including friends, relatives and Bernie Cota’s two younger brothers, Brent and Brandon.

A public memorial was held for Cota this past weekend, while a local hair salon and pizza parlor both held fundraisers for the family; friends made and sold t-shirts and bead bracelets to raise money for the funeral.

A local mortuary offers a moving slide show of a life cut short.

This is the 49th confirmed traffic-related cycling death in Southern California this year, and 4th in San Bernardino County; Cota was the second teenage cyclist to die in the county this month.

My heart and prayers go out to his family and loved ones. Thanks to Ann for forwarding the news.

12-year old Victorville cyclist killed near Hesperia

In yet another tragic cycling collision, a Victorville middle school student was killed after reportedly running a stop sign on Saturday.

The San Bernardino Sun reports that 12-year old Zachariah Houck was riding south on Joshua Road in Oak Hills with a group of friends around 6:45 pm when he went through the stop at Mesquite Street, and was struck by a Lincoln Navigator driven by George Peery.

Peery reportedly tried to swerve to the right to avoid Houck’s bike, but was unable to stop in time. Houck was pronounced dead at the scene; tragically, his parents arrived at the scene before police.

He had just started his first week of 7th grade on Thursday. The Victorville Daily Press quotes his aunt speaking for the family.

“We’re all numb,” Sarah Houck-Garcia, Houck’s aunt, said Monday. “It’s been tragic for the entire family. He was just a big love bug.”

According to the Daily Press, his middle school is accepting donations for the family.

Quail Valley is collecting donations for Houck’s family at the front office including gift cards, money or letters and cards of encouragement, according to Principal Dennis Zimmerman. Anyone wishing to make a donation to Houck’s family can visit the school at 10058 Arrowhead Road in Phelan or make out a check in the name of Zachariah Harrison Houck II and take it to a Wells Fargo branch.

This is the 48th confirmed traffic-related cycling fatality in Southern California this year, and the 3rd in San Bernardino County.

My deepest sympathies to Houck’s family and friends.

Breaking news: Cyclist killed by SUV in Irvine Wednesday afternoon

According to the Daily Pilot, a 42-year old cyclist was killed while riding in Irvine this afternoon.

The collision occurred around 1 pm Wednesday on northbound Shady Canyon Drive south of Quail Hill Parkway when the rider, who has not been publicly identified, was struck from behind by a Mercedes SUV.

The Orange County Register reports that two other cyclists were performing CPR when authorities arrived; the rider was pronounced dead at a local hospital.

Not surprisingly, the unidentified 35-year old driver and her infant passenger were uninjured.

The collision is still under investigation. Anyone with information is urged to contact Sgt. Dennis Maisano at 949-724-7023.

This is the 7th cycling fatality in Orange County this year, and 47th confirmed traffic-related fatality in Southern California.

Thanks to David Huntsman for the tip.

Update: The Contra Costs Times identifies the victim as Duane Parkinson of Irvine, a detective with the San Bernardino County Sheriff’s Department; he leaves behind a wife and three children.

Update 2: According to the Contra Costa Times, a co-worker says Parkinson may have fallen in front of the SUV that killed him; the 15-year veteran is described as someone who was loved by everyone.

“People say `oh he was a great guy,’ about someone but Duane was that really, really great guy,” said Sgt. Phill Dupper who started his career with Parkison at the county jail. “Everybody loved him. He treated everybody the same, from grounds keeper to council members. He loved being a detective, always smiling.”         

Breaking news: Dominique Rush — and father — arrested in hit-and-run death of Alex Romero

Funny how things work sometimes.

For the past few months, I’ve known the identity of the woman accused of killing 17-year old cyclist Alex Romero last April, thanks to a comment that was left on here.

And the last couple of weeks, I’ve known that an arrest was imminent, and that a family member was likely to be arrested for helping her coverup the crime.

But when the news finally broke, I was couple hours from home in the middle of bike ride. Which means I got scooped by just about every news source in Los Angeles.

That’s okay, though. Because the good news is that the LAPD investigators never gave up, even when it looked like they might never get the evidence they needed to make an arrest, let alone get a conviction.

So when I got a call from LAPD Sgt. Krumer to let me know that 23-year old Dominique Rush had finally been arrested in Oxnard for the high speed hit-and-run collision that took Romero’s life, I was happy that Alex and his family would finally see justice for his needless death.

And a little heartbroken when he added that the family member accused of helping to cover up the crime was her own father, 44-year old Steven Rush.

After all, what kind of man learns that his child has just taken the life of another human being, then — allegedly — goes out of his way to help her hide the evidence and avoid responsibility for her actions?

According to KNBC-4,

“The father went way beyond taking care of his child,” said Capt. Ivan Minsal of LAPD Valley Traffic Division. “He concealed the information. He concealed the car that his daughter, the driver, was driving.”

Maybe my own father was the exception.

But I’d like to think that most fathers would have marched their child into the police station to take responsibility for the crime. Maybe after calling a lawyer first.

I know mine would have, as much as it would have broken his heart.

Dominique was booked on suspicion of gross vehicular manslaughter and felony hit-and-run, with a $100,000 bond; Steven was held on a $20,000 bond. No word on whether they are still in custody.

Honestly, I don’t know which act I find more appalling. The crime, or the coverup.

I’m only glad that both may now be held accountable.

And I thank the LAPD for making sure they didn’t get away with it.