Archive for Injuries and Fatalities

Hollywood blocked bikeways may be common, but not legal; moving story on fallen cyclist Alex Romero

April 29, 2011 / / 7 comments

It something we’ve all gotten used to living here in the greater metaphorical Hollywood.

And something we shouldn’t have to.

If you’ve ridden much around this city, chances are, you’ve found your way blocked by a movie crew, TV set or a commercial photo shoot at some point, forcing you to wait until the scene or shoot is over.

Or maybe you’ve run into my pet peeve — movie crews parked along the side of the road, with orange safety cones placed in the middle of the bike lane to protect their precious trucks from passing cyclists, forcing you out into traffic with little or no warning.

And often as not, with no legal basis.

Take the photo shoot Todd Munson encountered on his way home last week on the Ballona Creek Bike Path.

They were set up near the eastern end. When I rolled up they had a scrim set up that was a good 10 feet high and as wide as the path. Because of it, I had to come to a full stop and announce my presence before they even noticed I was there. Based on how “fashionable” they all were I’m guessing they came from the nearby Smashbox Studio.

When I realized how much I was “hassling” them by having to move their equipment to make some room, I asked if they had a permit for the shoot. Everyone just sort looked at each other and mumbled incomplete sentences. The guy who was apparently in charge was the one covering his face in the first photo. The amazing thing to me was that nobody including him was at all apologetic. The best they could do was “Hey man, we didn’t think anyone would be here.” And a couple of them even tried getting tough.

The other funny part was that girl in the red shirt in photo number 3 asked that I not take anyone’s picture.

Good times.

Problem is, unless they did have a permit, what they were doing was completely illegal. Section 21211 of the California Vehicle Code reads:

21211.   (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

But it doesn’t stop there. It goes on to prohibit parking or placing anything on the bike path that would block it, as well.

(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.

Of course, there are additional subsections specifying a handful exceptions, none of which apply in the situation Munson encountered. Or to the overwhelming majority of cases you might encounter that would delay your ride more than a few moments.

Then there’s the matter of blocked bike lanes.

As we’ve discussed before, bike lanes are considered traffic lanes by the LAPD, just like the larger lanes to their left. And just as it’s illegal to block any other traffic lane, it’s against the law to block a bike lane — whether with trash cans, orange cones or double parked vehicles.

The question is whether L.A.’s favorite industry enjoys a special exemption when it comes to their trucks.

The afore mentioned Mr. Munson, who seems to be having a rash of bad luck with this sort of thing lately, reached out to myself and Tony Arranaga, who works in the office of 11th District Councilmember Bill Rosendahl, after a recent encounter with bike lanes blocked by a movie crew on San Vicente Blvd in the Brentwood area.

Tony was kind enough to connect us with Geoffrey Smith, Director of Community Relations with FilmLA Inc, the agency responsible for overseeing the massive amount of filming that takes place in this city on a daily basis.

Once again, I’ll let Todd explain the situation:

The specific incident I encountered occurred in Brentwood along San Vicente last Thursday morning (3/24). A film production had vehicles parked on both sides of San Vicente near the golf course and had laid out large cones along the respective bike lanes.

The cones were placed on the outer edge of the bike line cutting down its width to the point that it was no longer safe to use. Any cyclist who chose to stay in the bike lane was faced with a lose-lose situation as they were forced to ride dangerously close to parked vehicles. Should a door swing open or a crew member walk out from between the vehicles, the tightly spaced cones to the immediate left eliminated any chance for a safe escape.

The only option for a cyclist wishing to avoid this mess would be to exit the bike lane and ride in traffic. This option was equally undesirable and dangerous as motorists tend to treat San Vicente as a mini freeway- especially during the morning rush hour.

Attached is quick diagram I made with the help of Google Street View illustrating the dangerousness of the situation.

To reiterate what Ted stated, those cones served no functional purpose other than creating a life-threatening situation for cyclists. Should the status quo be allowed to remain, it’s not a matter of if but when a deadly accident will occur.

That drew the following response from Smith, who answered promptly the next morning:

1)      No, the company should not have put cones in the bike path. It seems that the Transportation Captain was perhaps a little overzealous in trying to let everyone know that there was a trailer parked on the street. Why he felt that the general public would fail to see a trailer 8’ wide by 7’ high will undoubtedly remain a mystery.

2)      Yes, a company can close a bike path BUT, it requires submitting a traffic plan to DOT, showing what alternate route(s) are being created, via cones, barricades, signage, so that bicyclists are not forced into traffic. DOT has to approve of the closure before it will be allowed.

3)      As an FYI, FilmL.A. is 24/7. If you should run into this situation again, PLEASE call us 213/977.8600 ASAP. Let us check and see a) if there is a permit and b) if they have a closure of the bike path.

4)      I am also annoyed if they were parking on both side of San Vicente. Parking on the north side is not allowed.

I don’t know about you, but I’m putting that phone number in my speed dial.

.………

Dj Wheels, who has been very busy keeping up with local bike-related criminal cases lately, shares the news that 19-year olds Patrick Roraff and Brett Morin will face trial for the death of rising pro cyclist Jorge Alvarado in Highland one year ago.

Roraff and Morin were allegedly street racing at around 70 mph when Roraff lost control and hit Alvarado, who died on the side of the road, far from his family and friends in Mexico.

According to the Press-Enterprise, the two will be arraigned on May 12th on a single count each of vehicular manslaughter.

.………

Chances are, you’ve never heard of the San Fernando Valley Sun. But maybe you should.

Once again, they’ve written movingly about the death of yet another teenage Valley cyclist murdered by a hit-and-run driver.

Just six months ago, it was Danny Marin*; this time, it’s Alex Romero, run down by a speeding driver on De Soto Avenue in Canoga Park last week.

Consider the heart-rending pathos in the first paragraph alone:

Tomorrow, April 29, Maria De La Paz “Pacita” Romero will have to find the strength to bury her teenaged son. “Empty. I feel empty,” Maria said as she attempts to describe the loss of her son, German Alex Romero, a 17-year-old promising soccer player whose life was tragically cut short last week when he was killed by a hit-and-run driver in Canoga Park.

Remarkably, Romero’s family doesn’t bear any animosity towards the still unidentified driver; his mother saying “God bless him” of the man who killed her son.

The family would also like Romero’s death to serve a positive purpose. Their desire is for new bicycle markings to be placed on the street where he was killed, as well as additional lighting, a traffic light and cameras.

“We would like Alex’s sacrifice to be worth something,” Fuentes said. “He came to this earth for 17 years to give light to everybody, motorists and bicyclists, so that we may be more careful to make ourselves aware of everybody who’s on the road.”

Seriously, stop whatever you’re doing, and take just a few minutes to read a very well-written story about the massive hole a heartless driver has left in what appears to be a remarkable, and remarkably forgiving, family.

But don’t be surprised if you find a few tears in your eyes before you’re done.

*Unfortunately, the original Sun story is no longer available online.

.………

Finally, the LACBC reports that the peak hour restrictions limiting bikes on Metro trains have been lifted, effective immediately. While the bike ban has been widely ignored in recent months, the action of the Metro Board means you can now take your bike on any Metro train, any time, to any destination.

As train cars come in for servicing, they will have seats removed to create additional standing and storage room to provide more space for bikes, as well as other large objects such as strollers and shopping bags.

Category: Bikes & the Law, Car vs Bike, Injuries and Fatalities, Legal Cases / Tags: , , , , , , , , , , , , , ,

Arrest warrant issued for Long Beach fire captain in drunken hit-and-run

April 28, 2011 / / 3 comments

Around 1 pm on April first, 47-year old Jeffrey Gordon was riding his bike on Westminster Blvd east of Bolsa Chica Street in Long Beach.

A moment later, he was sailing 70 feet through the air after being hit from behind by a Chevrolet pickup truck driven by Long Beach fire captain John David Hines.

Rather than stop and render aid as he is trained to do, Hines fled the scene as witnesses chased after him begging him to stop. They followed him to his home in Huntington Beach where he was arrested by the police, who allege that he looked drunk and had a strong odor of urine on his clothes.

The Belmont Shore – Naples Patch reports that Billy Chisholm was a passenger in one of those pursuing vehicles.

“I was sick to my stomach the whole time,” Chisholm recalled. “He just hit him and left him to die like he was a skunk in the road. He had to have known he hit him because his truck was all busted up. That was a human being he left there to die. It’s not right.”

Then again, maybe its a good thing he didn’t try to save Gordon’s life; with a blood alcohol level of .24 percent — virtually the same level as Marco Antonio Valencia showed when he killed Joe Novotny — he probably would have done far more harm than good.

And he’d already done more than enough harm behind the wheel.

Hines reportedly spent the morning drinking at the Schooner or Later bar in Long Beach before driving down to Seal Beach. That’s where he allegedly drifted into the bike lane and struck Gordon’s bike from behind, then sped off without ever hitting his brakes or slowing down.

Not surprisingly, an arrest warrant was issued for Hines on Wednesday.

According to the Huntington Beach Independent:

John David Hines, 38, is charged with one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of .08% or more causing injury and hit-and-run with injury, according to a release from the district attorney. He also faces sentencing enhancements for causing great bodily injury and having a blood alcohol level over .20%.

Fortunately, Gordon survived the collision, despite spending two weeks in the hospital with severe injuries ranging from head trauma, severe lacerations and bruising to his head and body, to internal injuries and spinal and vertebrae injuries. However, he reportedly continues to suffer limited mobility, and speech and memory loss.

Hines faces up to six years and eight months in prison if convicted. According to the Times, he is still being sought by police on $250,000 bail; it’s possible that he may have entered rehab in an attempt to get leniency from the court.

The only real difference between this case and that of Valenica — who faces 24 years to life in prison after being convicted of 2nd degree murder and felony hit-and-run while intoxicated on Wednesday —  is that Hines’ victim survived, while Valencia’s didn’t.

Thanks to master wrench Chris K for the heads-up.

Category: Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , , , , ,

The sad stats behind this year’s rash of Southern California bike deaths

April 21, 2011 / / 7 comments

I’ve started a database to track information about biking fatalities throughout the Southern California area.

It’s not just morbid curiosity.

I’ve gotten tired of people blaming cyclists for the unacceptably high rate of riding deaths, and wanted to be able to respond to baseless accusations with actual, factual statistics. And I want to be able to offer more than just anecdotes when arguing for better bike safety measures before various state and local bodies.

So far, it’s complete for this year only, from January 1st to date. As time allows, I plan to go back through my files and include every riding fatality I can find for the last few years.

If you know of a bike rider who was killed in Southern California — which for the purpose of this exercise I’m defining as anywhere between Santa Maria south to the Mexican border — prior to this year, feel free to send me the information or a link to the news story to ensure I don’t miss it.

I’ve been debating whether to share that information, though. In some ways, I think there’s too much focus here on the tragedies on our streets, especially this year with the rash of riding deaths we’ve seen. Lord knows, I’d much rather discuss happier topics.

However, I believe very strongly that that every fallen rider should be remembered. And that nothing will change if we don’t call attention to it — because no one else is likely to if we don’t.

However, that decision was made for me when Steve Vance, author of Steve Can Plan — one of the nation’s leading biking and transportation planning blogs — asked for more information following last night’s tragic death of Alex Romero.

And as long as I shared the information with him, I might as well share it with you.*

• Wednesday’s tragic hit-and-run death of Alex Romero was the 24th fatality of a cyclist in Southern California this year; 22 in traffic incidents or riding accidents and two by shootings while riding.

• Of those killed in traffic, 11 were the fault of the driver, the cyclist was at fault in nine, and two were undtermined; in two of the 11 collisions where the driver was at fault, poor street design may have been a contributing cause.

• Two cyclists died in solo collisions; one additional rider lost control and fell in front of an oncoming car.

• Two cyclists were killed by trains while crossing railroad tracks.

• Three were killed while riding on the sidewalk.

• Two died while riding without lights after dark, one was riding on wrong side of street.

• Despite common accusations against cyclists, none died as a result of running stop signs or red lights.

•Four of the deaths were hit-and-runs.

•At least five involved drugs and/or alcohol — four drivers, 1 cyclist — though we can safely assume that some of the hit-and-runs were likely committed under the influence, as well.

• Location, by county (includes shootings):

  • Los Angeles – 8
  • Orange County – 4
  • San Diego – 7
  • Ventura – 1
  • Santa Barbara – 2
  • Riverside – 2

• The current rate projects to 83 cyclists dying on the streets of Southern California in 2011, compared to an average of 100 deaths throughout the state each year.

* A quick note about necessary biases in my methodology. This database contains all the fatal cycling incidents of which I am aware; any incidents which failed to make the news or which I did not learn about by other means cannot be included here. In assigning fault, I accepted the determination of the investigating authorities where available, even when that was questionable; where no official determination was available, I made my own determination based on the information on hand. In the event of a hit-and-run, I assigned blame to the driver in the absence of any conflicting information.

.………

Cyclist/attorney Dj Wheels reports that the trial of Marco Antonio Valencia is on hold until next week, and could conclude as early on Monday. He speculates that the defense attorney is building an argument that Valencia was too intoxicated to appreciate the danger he posed behind the wheel, negating the required intent for conviction under the murder charge for the hit-and-run death of Joseph Novotny

However, even if the defense is successful in convincing the jury that Valencia was too wasted to know what the hell he was doing — or more accurately, the risk that he posed — his client still faces as much as 20 years on the other charges and numerous probation violations.

.………

The San Fernando Bicycle Club will be hosting a memorial ride on Sunday in honor of Jim Swarzman. The ride — Jim’s favorite with the club — will start at 8 am at the NW corner of Nordhoff and Etiwanda in Northridge; it will be a challenging 40 mile ride, with over 2,000 feet of climbing.

And yes, it is open to everyone.

Speaking of Swarzman, plans are in the works to improve road safety on Hwy 101 where he was killed by a hit-and-run driver; unfortunately, it comes a little too late.

And the LACBC reports receiving over $2500 in donations made in Swarzman’s name following the request of his family and his fiancé Nicole Honda’s request that donations be made to the LACBC in lieu of flowers. Honda also asked that anyone touched by Swarzman’s story get involved by joining the Los Angeles County Bicycle Coalition or the San Diego County Bicycle Coalition.

Donations can be made by PayPal or sent directly to the LACBC; indicate that it is for the Swarzman fund when you make your donation. You can make a difference on our streets by joining the LACBC, or giving a gift of membership to a friend or loved one, by clicking here.

.………

The bike rider who was bumped by a car, then fatally shot by a passenger in an apparent gang killing on Sunday, has been identified as 28-year old Manuel Santizo. According to KCBS-2, no arrests have been made.

Writing on the Midnight Ridazz forum, Aktive reports that Santizo was a hard-working man who gave most of the money from his job at Jack in the Box to his parents, and to the mother of his four-year old son. A ghost bike will be installed at the scene on Friday, while a car wash will be held on Saturday to benefit his family. Thanks to Dj Wheels for the heads-up.

.………

Best wishes to Eric B, who’s sporting a new sling and a broken collarbone after becoming collateral damage in a bike racing collision last weekend.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , , , , , ,

The sad stats behind this year’s rash of Southern California bike deaths

April 21, 2011 / / 7 comments

I’ve started a database to track information about biking fatalities throughout the Southern California area.

It’s not just morbid curiosity.

I’ve gotten tired of people blaming cyclists for the unacceptably high rate of riding deaths, and wanted to be able to respond to baseless accusations with actual, factual statistics. And I want to be able to offer more than just anecdotes when arguing for better bike safety measures before various state and local bodies.

So far, it’s complete for this year only, from January 1st to date. As time allows, I plan to go back through my files and include every riding fatality I can find for the last few years.

If you know of a bike rider who was killed in Southern California — which for the purpose of this exercise I’m defining as anywhere between Santa Maria south to the Mexican border — prior to this year, feel free to send me the information or a link to the news story to ensure I don’t miss it.

I’ve been debating whether to share that information, though. In some ways, I think there’s too much focus here on the tragedies on our streets, especially this year with the rash of riding deaths we’ve seen. Lord knows, I’d much rather discuss happier topics.

However, I believe very strongly that that every fallen rider should be remembered. And that nothing will change if we don’t call attention to it — because no one else is likely to if we don’t.

However, that decision was made for me when Steve Vance, author of Steve Can Plan — one of the nation’s leading biking and transportation planning blogs — asked for more information following last night’s tragic death of Alex Romero.

And as long as I shared the information with him, I might as well share it with you.*

• Wednesday’s tragic hit-and-run death of Alex Romero was the 24th fatality of a cyclist in Southern California this year; 22 in traffic incidents or riding accidents and two by shootings while riding.

• Of those killed in traffic, 11 were the fault of the driver, the cyclist was at fault in nine, and two were undtermined; in two of the 11 collisions where the driver was at fault, poor street design may have been a contributing cause.

• Two cyclists died in solo collisions; one additional rider lost control and fell in front of an oncoming car.

• Two cyclists were killed by trains while crossing railroad tracks.

• Three were killed while riding on the sidewalk.

• Two died while riding without lights after dark, one was riding on wrong side of street.

• Despite common accusations against cyclists, none died as a result of running stop signs or red lights.

•Four of the deaths were hit-and-runs.

•At least five involved drugs and/or alcohol — four drivers, 1 cyclist — though we can safely assume that some of the hit-and-runs were likely committed under the influence, as well.

• Location, by county (includes shootings):

  • Los Angeles – 8
  • Orange County – 4
  • San Diego – 7
  • Ventura – 1
  • Santa Barbara – 2
  • Riverside – 2

• The current rate projects to 83 cyclists dying on the streets of Southern California in 2011, compared to an average of 100 deaths throughout the state each year.

* A quick note about necessary biases in my methodology. This database contains all the fatal cycling incidents of which I am aware; any incidents which failed to make the news or which I did not learn about by other means cannot be included here. In assigning fault, I accepted the determination of the investigating authorities where available, even when that was questionable; where no official determination was available, I made my own determination based on the information on hand. In the event of a hit-and-run, I assigned blame to the driver in the absence of any conflicting information.

.………

Cyclist/attorney Dj Wheels reports that the trial of Marco Antonio Valencia is on hold until next week, and could conclude as early on Monday. He speculates that the defense attorney is building an argument that Valencia was too intoxicated to appreciate the danger he posed behind the wheel, negating the required intent for conviction under the murder charge for the hit-and-run death of Joseph Novotny

However, even if the defense is successful in convincing the jury that Valencia was too wasted to know what the hell he was doing — or more accurately, the risk that he posed — his client still faces as much as 20 years on the other charges and numerous probation violations.

.………

The San Fernando Bicycle Club will be hosting a memorial ride on Sunday in honor of Jim Swarzman. The ride — Jim’s favorite with the club — will start at 8 am at the NW corner of Nordhoff and Etiwanda in Northridge; it will be a challenging 40 mile ride, with over 2,000 feet of climbing.

And yes, it is open to everyone.

Speaking of Swarzman, plans are in the works to improve road safety on Hwy 101 where he was killed by a hit-and-run driver; unfortunately, it comes a little too late.

And the LACBC reports receiving over $2500 in donations made in Swarzman’s name following the request of his family and his fiancé Nicole Honda’s request that donations be made to the LACBC in lieu of flowers. Honda also asked that anyone touched by Swarzman’s story get involved by joining the Los Angeles County Bicycle Coalition or the San Diego County Bicycle Coalition.

Donations can be made by PayPal or sent directly to the LACBC; indicate that it is for the Swarzman fund when you make your donation. You can make a difference on our streets by joining the LACBC, or giving a gift of membership to a friend or loved one, by clicking here.

.………

The bike rider who was bumped by a car, then fatally shot by a passenger in an apparent gang killing on Sunday, has been identified as 28-year old Manuel Santizo. According to KCBS-2, no arrests have been made.

Writing on the Midnight Ridazz forum, Aktive reports that Santizo was a hard-working man who gave most of the money from his job at Jack in the Box to his parents, and to the mother of his four-year old son. A ghost bike will be installed at the scene on Friday, while a car wash will be held on Saturday to benefit his family. Thanks to Dj Wheels for the heads-up.

.………

Best wishes to Eric B, who’s sporting a new sling and a broken collarbone after becoming collateral damage in a bike racing collision last weekend.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , , , , , ,

Dear God, not again — 17 year old cyclist murdered by hit-and-run driver

April 21, 2011 / / 8 comments

Just a week after Encino cyclist Jim Swarzman was laid to rest, another cyclist has been killed by a hit-and-run driver, this time on the streets of Canoga Park.

In a case that brings to mind year’s tragic death of teenage rider Danny Marin, a 17-year high school senior identified as Alex Romero was struck and killed near the intersection of De Soto Ave and Valerio Street around 9 pm last night.

According to multiple reports, the Chatsworth High student was riding north with another 17-year old rider when Romero was struck from behind by a gray Toyota Corolla traveling at a high rate of speed, killing him instantly. The driver of the hatchback then fled the scene without stopping.

The two cyclists were reportedly riding side-by-side in the far right lane of De Soto when the collision occurred; reading between the lines, Romero evidently had the inside position while the other rider, who was uninjured, was positioned closer to the curb. KABC-7 reports that there were multiple witnesses to the wreck.

L.A. Weekly indicates that he was a star soccer player at El Camino High School, suggesting that he may have recently transferred since he’s identified as student at Chatsworth.

Police are looking for a gray — or possibly silver — Corolla with moderate to severe damage to the right front end. Anyone with information is urged to contact Detective Krajchir at (818) 644-8034 or email 26481@lapd.lacity.org. Anonymous calls can be made to Crimestoppers at (800) 222-TIPS.

My deepest sympathies to his family and friends.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , ,

Dear God, not again — 17 year old cyclist murdered by hit-and-run driver

April 21, 2011 / / 8 comments

Just a week after Encino cyclist Jim Swarzman was laid to rest, another cyclist has been killed by a hit-and-run driver, this time on the streets of Canoga Park.

In a case that brings to mind year’s tragic death of teenage rider Danny Marin, a 17-year high school senior identified as Alex Romero was struck and killed near the intersection of De Soto Ave and Valerio Street around 9 pm last night.

According to multiple reports, the Chatsworth High student was riding north with another 17-year old rider when Romero was struck from behind by a gray Toyota Corolla traveling at a high rate of speed, killing him instantly. The driver of the hatchback then fled the scene without stopping.

The two cyclists were reportedly riding side-by-side in the far right lane of De Soto when the collision occurred; reading between the lines, Romero evidently had the inside position while the other rider, who was uninjured, was positioned closer to the curb. KABC-7 reports that there were multiple witnesses to the wreck.

L.A. Weekly indicates that he was a star soccer player at El Camino High School, suggesting that he may have recently transferred since he’s identified as student at Chatsworth.

Police are looking for a gray — or possibly silver — Corolla with moderate to severe damage to the right front end. Anyone with information is urged to contact Detective Krajchir at (818) 644-8034 or email 26481@lapd.lacity.org. Anonymous calls can be made to Crimestoppers at (800) 222-TIPS.

My deepest sympathies to his family and friends.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , , ,

Breaking news — cyclist fatally shot in Silver Lake Sunday Night

April 18, 2011 / / 9 comments

It’s happened again.

According to the Beverly Hills Courier, a man was shot and killed while riding his bike in the Silver Lake area around 9:15 Sunday night; The Eastsider LA puts the time at 9:30 pm.

The shooting occurred near the intersection of Hoover Street and Del Mar Avenue, when the rider was bumped and knocked to the ground by a car, then shot by one or more people in the vehicle.

The rider has not been publicly identified pending notification of next of kin; the only description currently available put him at 25 to 30 years old.

The LAPD is reportedly investigating the killing as a gang-related attack, even though the description makes it sound more like a road rage incident. If the plan was to kill a cyclist, it would seem to have been just as easy, if not easier, to shoot him without knocking him down first.

Then again, if the killers had just thought it out, they would have hit him a little harder with the car, told the police they just didn’t see him, and walked away with a slap on the wrist instead of a pending murder charge.

Category: Injuries and Fatalities, Violence & Crime / Tags: , , ,

Breaking news — cyclist fatally shot in Silver Lake Sunday Night

April 18, 2011 / / 9 comments

It’s happened again.

According to the Beverly Hills Courier, a man was shot and killed while riding his bike in the Silver Lake area around 9:15 Sunday night; The Eastsider LA puts the time at 9:30 pm.

The shooting occurred near the intersection of Hoover Street and Del Mar Avenue, when the rider was bumped and knocked to the ground by a car, then shot by one or more people in the vehicle.

The rider has not been publicly identified pending notification of next of kin; the only description currently available put him at 25 to 30 years old.

The LAPD is reportedly investigating the killing as a gang-related attack, even though the description makes it sound more like a road rage incident. If the plan was to kill a cyclist, it would seem to have been just as easy, if not easier, to shoot him without knocking him down first.

Then again, if the killers had just thought it out, they would have hit him a little harder with the car, told the police they just didn’t see him, and walked away with a slap on the wrist instead of a pending murder charge.

Category: Injuries and Fatalities, Violence & Crime / Tags: , , ,

Cyclist killed in Indio area, suspected Jim Swarzman killer released, Marco Antonio Valencia on trial

April 15, 2011 / / 9 comments

I was really hoping I wouldn’t have to write this.

Last night, the CHP reported a collision involving a cyclist in the Indio area; the cryptic feed indicated that the coroner had been called.

As I searched for confirmation, though, I found another report online that said the coroner call had been cancelled, and the rider had been transported to the hospital with major injuries. The CHP feed was later updated to indicate that, as well.

Unfortunately, the good news didn’t last.

According to a story in the Desert Sun, 39-year old Travis Carroll was pronounced dead at 8:17 last night, after being hit by a van while riding on Avenue 42 in Bermuda Dunes. The collision occurred between Washington and Adams Streets at around 7:35.

The sparse description of the collision in the Desert Sun doesn’t really make sense.

The paper reports that Carroll was riding on the north side of the street, which suggests he would have been riding west if he was riding with traffic. He then reportedly began riding southeast, which would mean he either had to make a U-turn, or had actually been riding against traffic and drifted across the roadway before being struck by the west-bound van,

However, that raises the question of why he would cross the path of an oncoming vehicle which should have been clearly visible as he faced it — especially since the paper reports that alcohol does not seem to be a factor.

According to reports, the investigation is ongoing.

.………

The same day Encino endurance cyclist Jim Swarzman was laid to rest at Forrest Lawn, word came that the driver suspected of killing him was released from custody.

According to San Diego’s KGTV, Joseph Ricardo Fernandez was released at the last moment before being arraigned. Reportedly, the reason stemmed from the three day limit authorities have to file charges after taking the suspect into custody.

The station indicates that the delay is due to ongoing forensic work to ensure that Fernandez’ Dodge Ram 1500 pickup was in fact the vehicle that took Swarzman’s life; following that, the DA needs to be able to show that Fernandez was actually the one behind the wheel.

I would hope that they are also investigating his actions before the collision; I suspect they may find that he was drinking heavily.

The reports I’ve heard say the collision was extremely violent; I’ll spare you the details, but it would have been virtually impossible for the driver to have been unaware he hit something, putting to question Fernandez statement to the police that he thought he might have hit something.

Unless he was in a significantly altered state, the driver had to know damn well that he hit something, making his flight afterward a purely intentional — and illegal — act.

The investigation is ongoing, and I have no reason to believe the San Diego DA’s office isn’t taking this case very seriously. But we may want to keep on top of it, just in case.

.………

I’ve been on the run the last few weeks, and haven’t had a chance to update the ongoing legal cases (my apologies to cyclist/attorney Dj Wheels, who has done a great job of keeping me abreast of the ongoing cases).

Wheels reports that the trial has begun in the case of Marco Antonio Valencia, charged with killing Joseph Novotny and seriously injuring three other riders in an alcohol and drug-fueled hit-and-run.

The Signal reports on yesterday’s testimony from the surviving riders; it’s difficult to read, but offers the clearest picture yet what happened on that tragic day. Here’s one brief excerpt:

Chad Lewin, 25, was riding in front of Munana and Novotny during the ride.

As Lewin was riding around a right turn, he saw the bicyclist in front of him slam on his brakes abruptly.

To avoid crashing, Lewin testified that he swerved into the roadway to his left to avoid crashing.

In an instant, he was knocked to the ground by the truck. As he slid, Lewin said his skin was ripped off — in some instances to the muscle.

“As I was sliding backward, I saw Joe 20 feet in the air and hit the mountainside,” Lewin said.

Dj Wheels has been attending some of the court sessions, and offers these thoughts:

It appears that Valencia’s defense will mainly focus on avoiding the “Watson” 2nd degree murder charge by arguing that although he was awake and able to drive, he was not “conscious” of his actions and thus did not have the required specific intent for murder, which would be implied malice.

I don’t know all the case law on these types of DUI murder charges, but essentially Watson says when you have been previously convicted of DUI, you should know all ready that driving drunk can cause serious injury or death, which would establish the intent requirement of malice.  The CA legislature later enacted CVC 23103.5.  As a resulty, many county courts and district attorneys offices for several years now have required defendants to sign a declaration admitting that you acknowledge these risks and that you may be charged with murder if someone dies as a result of their drunk driving.  I believe this declaration can also be used as evidence.

However, under CA Jury Instructions 8.47 says “If you find that a defendant, while unconscious as a result of voluntary intoxication, killed another human being without intent to kill and without malice aforethought, the crime is involuntary manslaughter.”

So my guess is that the defense will try to establish that none of the witnesses actually saw the driver of the vehicle (specifically his face/body) in the seconds before the collision and during the collision in order to establish a reasonable doubt about whether he was indeed “conscious.” I think the only defense witness will be the expert who will testify that someone can be unconscious due to voluntary intoxication, but still be awake.
.………

As long as we’re on the subject of biking collisions and court cases, we might as well keep going.

Danae Marie Miller will be arraigned today on one count of felony vehicular manslaughter with gross negligence while intoxicated in the death of world-class trialthlete Amine Britel in Newport Beach last month. She’s currently out on $100,000 bail.

.………

John Stesney reports that a pretrial hearing is scheduled next week in the death of local scientist and cyclist Doug Caldwell. The hearing for accused driver Gordon Catlett Wray will take place at the San Fernando Courthouse, 900 Third Street in the city of San Fernando, on Wednesday, April 20th at 8:30 am, case #0SR05313.

My sources indicate that despite numerous questions that have been raised that the defendant was using a cell phone at the time of the collision, the prosecutor either can’t get the records, or won’t request them for some reason — even though they could offer proof of distracted driving in fatal collision.

Maybe a few cyclists in the courtroom could stiffen the DA’s resolve, and show how seriously we’re taking this case.

.………

Dj Wheels reports that Shawn Fields was arraigned on March 30th for the heartbreaking hit-and-run death of 17-year old Danny Marin in Pacoima last year; a description of the injuries suffered by Marin — again, I’ll spare you the details — suggests another extremely violent collision.

Wheels offers some revealing testimony from the case:

According to the arresting officer, Fields was asleep at home by the time they arrived at the location where the vehicle was registered. He wouldn’t wake up at first after knocking and banging on the windows from where they could see him sleeping.  Fields also volunteered a statement before being taken to the police station that he shouldn’t have driven home because he had too much to drink at a wrap up party at the Roosevelt in Hollywood. He also saw many bottles of various alcoholic beverages inside Field’s house.

Also, the officer that administered the breath test at the station noted that his BAC was .14/.15 at about 4:15 a.m. The collision occurred about three hours earlier.

The investigating officer who interviewed Fields at the station also testified. Fields told him he got to the party around 10pm and drank a long island ice tea, a red label whiskey, a gin and tonic, beer and some water before leaving. After walking out, he had a bacon wrapped hot dog on the street, threw up on himself, debated whether to drive home, waited in his car for a while then finally drove.  He did not have a recollection of actually driving home, but recalled he may have hit something because he remembered being at a stop light close to home and looking at sparkly dust on his arms from the shattered front windshield.

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A preliminary hearing is scheduled for April 28th at 8:30 am in the San Bernardino Superior Court in the case of Patrick Roraff and Brett Michael Morin for the street racing death of pro cyclist Jorge Alvarado last April.

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A preliminary hearing is also scheduled for May 11th in the case of Stephanie Segal, charged in the drunken hit-and-run death of cyclist James Laing in Agoura Hills last October.

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Jim Lyle forwards news that Richard Schlickman, the cyclist critically injured when he lost control of his bike due to newly installed speed bumps in Palas Verdes Estates, is showing amazing progress and determination, and may be transferred to a rehab facility by the end of the month.

.………

Meanwhile, reports are that your prayers continue to be needed for Adam Rybicki, critically injured by an alleged underage drunk driver in Torrance on April 3rd.

Category: Bicycle Safety, Bikes & the Law, Injuries and Fatalities, Legal Cases / Tags: , , , , , , , , , , , , , , , , , , , , ,

Breaking news — Carlsbad man arrested in the hit-and-run death of Encino cyclist Jim Swarzman

April 12, 2011 / / Comments Off on Breaking news — Carlsbad man arrested in the hit-and-run death of Encino cyclist Jim Swarzman

Good news in the fatal hit-and-run collision that took the life of Encino endurance cyclist Jim Swarzman.

Or at least as good as we can hope for under the circumstances.

According to multiple reports, 46-year old Carlsbad resident Joseph Ricardo Fernandez was taken into custody after contacting authorities on Monday. The reports indicate that he called police investigators to say that he believed he may have been involved in a traffic accident recently.

Fernandez’ Dodge Ram 1500 matched the description of the suspect vehicle police released on Monday.

Swarzman was riding with his fiancé and another rider when he was hit by a pickup truck while riding in the 1300 block of Highway 101 in Leucadia around 1 am Sunday. According to witnesses, the truck drifted between the number one and two lanes before hitting Swarzman, who was riding in a well-marked bike lane.

In a heartbreaking story in the North County Times, his fiancé, Nicole Honda, says she was riding ahead of Swarzman when the highway became flooded with light, and she heard a crash behind her. Something flew past her and landed on the highway ahead of her; that something, the story implies, was the man she planned to move into a new Agoura Hills home with next week, and marry in August.

After investigators examined the vehicle, finding damage consistent with the evidence collected at the scene, including a headlight assembly, Fernandez was taken in for questioning. He was officially arrested at 11:15 Monday night, and scheduled to be arraigned in Superior Court in Vista on Wednesday; he is being held on $50,000 bond while the investigation continues.

There was no comment from the San Diego TV station that suggested the collision may have been intentional, beyond simply reporting the arrest.

The reports of the arrest raise as many questions as they answer, such as how it could be possible for the driver to speed away from such a violent a collision without knowing he hit anything. It would seem like he would have to have been either sleeping at the wheel or very drunk — and even then, the impact from the collision should have been enough to get his attention.

Maybe he sobered up the next day and saw the damage to his truck. Or woke up after a good night’s sleep and put two and two together after hearing the news reports.

Or maybe he just heard the description of the suspect vehicle on the news, and realized that the police would soon be closing in.

In the end, it really doesn’t matter.

A popular local rider is dead; his family, fiancé and friends devastated by their loss. For whatever reason, a good man is gone, yet another victim of SoCal streets.

And by all accounts, we are all the poorer for it.

………

A memorial service will be held for Jim Swarzman this Thursday at noon at Mount Sinai Memorial Park, just off the 134 Freeway near Burbank and Griffith Park. The address is 5950 Forest Lawn Drive, Los Angeles CA 90068; (323) 469-6000.

Category: Bikes & the Law, Injuries and Fatalities / Tags: , ,
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