Archive for Law Enforcement

Was the brother of a Gardena bike theft victim murdered by the cops sent to help them?

July 15, 2013 / / 4 comments

Maybe those riders in Gardena are lucky they only got ticketed for blocking the lane.

It was suspicious enough when Gardena police blew away the brother of the victim — yes, victim — of a bike theft last month, because they couldn’t be bothered to let him explain that the bike-riding men they’d detained were friends who were helping to look for his brothers bike.

And yes, he said it in English, according to witnesses.

Somehow, the patrons at a nearby restaurant were able to understand Ricardo Diaz-Zeferino clearly. But the cops couldn’t seem to make it out, claiming he was shouting and gesturing before reaching towards his waistband.

So they shot him.

Eight times.

Including twice in the back.

One of those non-bike theft friends was also shot. And yes, also in the back.

Maybe they have a problem with backward shooting trick shot artists down there.

Never mind that the officers shot and killed an unarmed man. Or the recklessness they showed in opening fire just feet from of a crowded Redondo Beach Boulevard restaurant.

At best, it looks like an incredibly bad shoot by a trio of trigger happy cops. At worst, they may have murdered the brother of a petty crime victim

I cannot repeat that enough. They killed someone helping the victim of the crime.

And now those officers are back on the street after being placed on administrative leave.

I don’t know about you, but I’m going to stay the hell out of Gardena for the foreseeable future.

And whatever you do, don’t report a crime there.

Correction: An earlier draft said police had killed the victim of the bike theft, which had been my understanding. However, this story from the Daily Breeze makes it clear that the man who was killed, Ricardo Diaz-Zeferino, was the brother of the man who had his bike stolen, and was assisting in the search for the stolen bike. Thanks to Streetsblog’s Sahra Sulaiman for the correction.

………

Meanwhile, in yet another black mark on the city’s police department — which still hasn’t been able to catch the killer of hit-and-run victim Benjamin Torres — Streetsblog’s Damien Newton writes that you shouldn’t expect justice in the case of the LAPD Sargent whose daughter is charged with killing bike-riding postal worker Jesse Dotson in a hit-and-run.

That’s because Gardena police aren’t even investigating the father, even though she was driving his car, which was later reported stolen. And oddly, discovered just blocks away from their home.

As Damien put it,

He either believes his daughter’s ridiculous story and is one of the worst investigative officers ever, or he is complicit in the scheme to report the car stolen.

Yeah, no point in investigating that.

………

Bike racer Emma Pooley says it’s long past time that women bike racers were allowed to compete equally with the men — in fact, they used to just a few decades back, both in the Tour de France and America’s late, great Red Zinger/Coors Classic.

If you agree women belong in a parallel Le Tour — let alone the Amgen Tour of California and the upcoming USA Pro Challenge — sign the petition here.

I did.

………

A new bike and pedestrian bridge over the LA River on its way to approval by the LA City Council may make a planned Glendale bridge superfluous. The county breaks ground on a new segment of LA River pathway in Studio City and Sherman Oaks. The Source is enthusiastic about bike trains. Participants in Friday’s Zócalo Public Square/Grand Park forum call for a cease fire between bicyclists and drivers. Tell that to the papers of the Los Angeles News Group, who continue to troll for bike hate, this time questioning if LA commuters will ever bike to work, in a negatively worded poll. A Pasadena bike rider suffers life threatening injuries in a head-on collision with a salmon cyclist. Boyonabike looks at cars and the environment. Ride with the mayor of Montebello next Sunday. Over 500 riders turn out for the first ever Long Beach women’s only Beach Babe Classic. A Santa Clarita cyclist suffers a broken back in a hit-and-run; the driver turned himself in four hours later, apparently at the urging of family members. The San Diego Union-Tribune endorses efforts to promote bicycling in the county. Evidently, you don’t have to be sane to have a drivers license in California, with predictable results.

Scion thinks you’re an obstacle, but they’re really, really sorry about it. Elly Blue says our roads are depreciating, too. Do bike shops just market to white males? Cycle chic is already a thing; you can’t co-opt it by adding “ing,” even if helmets really are becoming more fashionable. Five innovative ways to park a bike. Using a bike as a weapon is no different from using a car as a weapon, except for the results. Famed researcher John Pucher says it’s time for a bike renaissance in Seattle. The Boulder CO sheriff says the road rage brake check that left a leading triathlete seriously injured wasn’t. An aggressive road-raging, horn-blaring, multi-car passing Colorado driver films his own apoplectic outrage at a group of bicyclists. Turns out you can’t use your car as a weapon to run down a bike riding, cigarette-stealing Wisconsin thief, after all. Even a protected bike lane isn’t enough to protect a Chicago bike rider. Michigan police arrest a 12-year old bike riding bank robber. Thanks to our veto-wielding governor, California can’t even get a three-foot passing law; a Maine writer says three-feet isn’t enough. Lesson #1: Try not to share the same stretch of asphalt as your boyfriend’s crazed, motor-maniacal ex. Upstate New York triathlete killed when he rides into the back of a parked car; another is seriously injured while exchanging water bottles. A pair of bike-riding Pennsylvania teenagers rescue a kidnapped five-year old girl; thanks to D.D. Syrdal for the heads-up. The next broken down bike rider you see could be Dave Matthews on his way to his own show, and you could get front row tickets if you stop. Seriously, no matter how pissed off you are about the 70-something driver who nearly hit you, don’t try to punch him out. A nice piece from Bike Delaware explains why you may be invisible to some drivers.

A British pub owner is really, really sorry he threatened to run down “weak-kneed” cyclists at 60 mph. Half of all Brits admit to road rage; maybe that’s why someone is pushing people off bikes in Leicester. With a week left, the Tour de France may already be over, as Froome looks unbeatable. Cadel Evans tweets advice on how to watch a bike race safely. A year after she quit racing, American Mara Abbott is a two-time winner of Italy’s prestigious Giro Rosa. Lexus rolls out a one million-yen limited edition bike; yawn.

Finally, what do you do after leaving City Council? Former Councilmember Ed Reyes rides a bike. And it looks like Westfield Century City will soon open LA’s first bike station; more on that later.

Westfield Bike Station

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

Update: Busted for going too slow? Or Biking While Brown in Gardena?

July 12, 2013 / / 23 comments

Update: Here’s video of the  incident. I wonder how many motorists are frisked or searched for weapons for a simple traffic violation?

Something tells me a white, middle-aged man like me would have have been treated far differently under similar circumstances.

………

We’ll hope it was just a mistake.

On Wednesday night, a group of bike riders were on their way for a meeting with the Gardena City Manager when an apparently over-enthusiastic police officer pulled the entire group over. And ticketed them for a violation that didn’t apply under the circumstances.

From the Los Riders Facebook page

From the Los Riders Facebook page

Representatives of the United Riders, made up of members of Los Riders and East Side Riders, were on their way to city hall with relatives of hit-and-run victim Benjamin Torres in their continuing fight for justice in the still unsolved case. As well as  to discuss the issue of ghost bikes following the removal the memorial for Torres.

In the absence of a bike lane or other bicycling infrastructure, they were riding in the right lane, outside the door zone — as they are legally entitled to do — when they were pulled over by a squad car on the 15400 block of South Western Avenue.

According to the Los Riders Facebook page, they were told to sit on the curb while the officer waited for her Sargent to arrive with another four patrol cars in tow.

All for a handful of bicyclists riding slowly  on their casual cruiser bikes.

Maybe too slow for the officer in question, who, after consulting with her superior, ended up citing the group for impeding traffic under CVC 22400.

Yet according to the LAPD, the standard for impedance requires a minimum of five vehicles stuck behind the slower moving vehicle and unable to pass, which was not likely in this case. And it doesn’t apply on roads with two or more lanes in each direction — like Western, for instance — where a driver could simply change lanes to go around the slower vehicle.

Or bike.

Or group of bikes.

In other words, despite the presence of at least six patrol officers, including a police Sargent, they couldn’t come up with a valid violation to cite the riders with.

And it’s pretty well guaranteed that those six patrol cars impeded traffic far more, and far longer, than a group of slow moving bike riders would have.

Meanwhile, the riders eventually got to city hall for their meeting. And ran into Gardena police chief Ed Medrano, who promised to talk with the officers in question.

No word on whether the tickets will be rescinded, however.

Which brings up the question of whether the riders were really stopped by an officer who didn’t understand the law because they were riding too slow.

Or because they were profiled based on their appearance and attire.

That’s not a question I can answer.

But its one I wish I didn’t have to ask.

Thanks to Danny Gamboa and Lynn Ingram for the heads-up.

Impeding Traffi Ticket

Update: The five vehicle standard in found under CVC 21656, which also notes it only apply on two-lane roads; thanks to billsd for the heads-up.

Meanwhile, Streetsblog’s Sahra Sulaiman offers a detailed look at what happened. 

Update 2: According to my records, Gardena has had at least three bicycling fatalities since 2010, including two in the last nine months — a horrible record for a town of under 60,000 people. And all of those were hit-and-runs.

They have far bigger problems than a few bicyclists riding in the traffic lane.

Category: Advocacy & Politics, Bikes & the Law, Law Enforcement / Tags: , , , , , , ,

Now it makes sense — daughter of LAPD Sgt. charged for covering up Jesse Dotson hit-and-run death

July 4, 2013 / / 28 comments

Last night I wrote this:

Finally, news broke today that 60-year old Gardena resident Jesse Dotson died last Friday of the injuries he suffered in yet another hit-and-run on Wednesday, the 26th.

Dotson was riding to work around 9:50 pm on the 1000 block of El Segundo Blvd when he was hit and left bleeding in the street with severe head injuries as the driver fled the scene.

Despite initial reports that they were looking for a Hispanic man in his 40s or 50s, Gardena police have arrested 22-year old Vanessa Marie Yanez for Dotson’s death. She faces charges of suspicion of manslaughter, perjury, filing a false police report and felony hit-and-run.

In other words, they threw the book at her, instead of the relative slap on the wrist most killer drivers face.

She must have done something to really piss someone off.

My sincere prayers and sympathy for Jesse Dotson and all his loved ones.

Now LAist offers an explanation for just who the driver is, and just why the charges are so steep.

Vanessa Yanez, 22—the daughter of LAPD Sgt. Arturo Yanez—later filed a report with Huntington Park police claiming her car had been stolen. After seeing the hit-and-run news story, a Huntington Park police officer tipped off Gardena police. Authorities found Yanez’s vehicle at her home in Gardena, where she lives with her family—including her father. The front windshield of the car was shattered. The home is located less than a mile from the scene of the crime.

Video from KABC shows her father aggressively confronting their news crew outside the Gardena police station following his daughter’s arraignment.

According to KABC,

Dotson’s family say they’re grateful his alleged killer has been caught, but wonder how much the suspect’s father may have known. And so do Gardena detectives, who are now investigating the LAPD sergeant’s potential knowledge of the deadly accident. His own department is also now investigating.

Gardena detectives said the sergeant could face charges if it turns out he had any information about the accident. His daughter faces a long list of charges, including vehicular manslaughter, hit-and-run, perjury and filing a false police report. She’s expected to be in court on Monday.

If the investigation shows any hint of involvement by the father — such as hiding the car or recommending that she report it stolen — he can and should face criminal charges.

And his shameful aggressive confrontation with a news team legally doing their job should be enough to get him an immediate suspension.

Meanwhile, both stories provide more information about Dotson, who was on his way to his job with the Postal Service when he was run down and left to die in the street next to his broken bike.

Like Arturo Yanez, Dotson was a father, as well as a grandfather. Unlike Dotson, though, Yanez can still come home to his family.

Dotson never will.

Update: According to KNBC-4, Vanessa Yanez admitted drinking before the collision that killed Jesse Dotson.

As you may be aware, drunk driving is one of the leading motivators for hit-and-run, since the penalty for fleeing the scene pales in comparison to that of DUI. In many cases, it can actually be to the driver’s benefit to flee the scene, then turn themselves in after they’ve had a chance to sober up.

Category: Bicycle Safety, Hit-and-Run, Injuries and Fatalities, Law Enforcement, Legal Cases / Tags: , , , , ,

Bike lawyer Bob Mionske weighs in on Santa Monica cyclist convicted of assault with a deadly weapon

June 21, 2013 / / 3 comments

Sometimes I’m surprised by just who reads this blog.

Let alone their willingness to weigh in on the issues we discuss.

Case in point: The other night, I mentioned I’d be writing a piece for LA Streetsblog about the cyclist who pleaded guilty to assault with a deadly weapon after blowing through a red light, and seriously injuring a pedestrian on the Third Street Promenade in Santa Monica.

And while I was reaching out to a handful of the area’s leading bike lawyers for comments, I invited any other lawyers who wanted to weigh in on the case to send me their thoughts.

Still, I was surprised to receive an email yesterday from bike lawyer Bob Mionske, Bicycling Magazine’s Road Rights columnist, and author of Bicycling and the Law.

I used some of what he had to say in my piece, which is now online at Streetsblog.

But his entire response is well worth reading, as it shines a light both on issues in the Santa Monica case, and the mentality facing cyclists on the road everywhere.

With regard to the “assault with a deadly weapon” charge against the cyclist in Santa Monica, it seems to me that this is overreach, and is due to a frustration with cycling in general, and scofflaw riding specifically. But as we have witnessed in the aftermath of many a cyclist death under the wheels of a culpable motorist, comments about the scofflaw straw man always emerge. This may be a version of the same mentality. When people are frustrated by some group—in yesterday’s culture, young “hotrodders,” in today’s culture, “scofflaw cyclists”—finding a member of that group who has actually broken the law and been caught may lead to a sort of collective punishment for the entire group, in which the culprit is made an example of.

Looking beyond the particulars of this case, there are two larger issues here.

First, there is the issue of disparate treatment of cyclists who break the law, and drivers who break the law. We can see this in the “Scofflaw Cyclist” meme that cyclists are tarred with. In fact, drivers break the law at least as often as cyclists do, and perhaps more often. And when drivers break the law, they are more likely to be a danger to others than when cyclists break the law. And yet, cyclists are the ones who are tarred with the “Scofflaw” meme, even when they are the law-abiding victims of negligent drivers.

When drivers are negligent and injure or kill a cyclist, are they charged with “assault with a deadly weapon”? Not that I’ve ever heard of. Often, they are coddled with “it was just an accident.” And often, law enforcement bends over backwards to shift the blame to the cyclist, when it is crystal clear that the driver was breaking the law. I have seen this happen many, many times.

Part of the problem we are facing is that we live in a culture where most people, including law enforcement, prosecutors, judges, and jury members are drivers. Prosecutors have a high bar of proof when pressing criminal charges, and if the accused was a driver who did something that every driver does, it may be difficult for the prosecutor to convince a jury made up of drivers to find the accused driver guilty of a serious charge. But when the accused is a cyclist, and the general opinion of cyclists is that they are scofflaws, it will be easier for the prosecutor to convince a jury made up of drivers to find the accused cyclist guilty.

There is nothing inherently wrong with pressing charges against cyclists who negligently injure pedestrians. But there is something wrong when we treat cyclists more harshly than we treat drivers who negligently injure cyclists and pedestrians. If as a society we want to start charging cyclists with serious violations when they negligently injure pedestrians, then we’d better get serious about charging motorists with equally serious violations when they negligently injure cyclists and pedestrians.

Second, when charges are filed, they should reflect what actually happened. This means that the incident should not be undercharged (for example, “unsafe passing” when in fact somebody was killed as a result of an unsafe pass), and the incident should not be overcharged. The question raised by the charge in this incident is whether the charge reflects what actually happened, or whether the cyclist was overcharged. From my own experience, I have never seen a motorist charged with “assault with a deadly weapon” after running a stop (yes, motorists run stops) and hitting a cyclist or pedestrian.

One other quick note.

Many of the attorneys I spoke with described the charge against the cyclist as an overreach. Meaning, yes, the cyclist could be charged with assault with a deadly weapon, but it probably wasn’t the appropriate charge in this case.

And while they didn’t say it, one that a good lawyer might have been able to get dismissed.

Which brings up one last point I’m surprised none of the lawyers mentioned.

If you get a ticket while riding, whether in Santa Monica or anywhere else, you may want to fight it — especially if there’s a question of selective enforcement, which may be the case as the SMPD plans to target violations by bike riders over the next few months.

Mionske offers a good guide to determine whether to fight or pay.

You may or may not be able to fight it on your own. But it’s always a good idea to talk with a lawyer first.

But if you’re facing criminal charges, for whatever reason, you need a good lawyer. It’s not a question of whether you can afford one, but that you simply can’t afford not to have one.

You can find a list of attorneys with experience in bike cases over there on the right. Including every lawyer I talked to for my Streetsblog story.

I don’t know if Rocky Martin had one.

But I suspect if he had, his case might have turned out differently.

Category: Advocacy & Politics, Bikes & the Law, Law Enforcement, Legal Cases / Tags: , , , ,

Save the endangered San Pedro and Spring Street bike lanes; hit-and-runs involving bicyclists up in L.A.

June 11, 2013 / / One comment

I’m a little battered and bruised tonight.

Riding home from another wildly successful River Ride, I hit an open 8-inch mini-manhole cover somewhere along the transition from Silver Lake to Beverly Blvd. I somehow managed to stay upright, although how I have no idea, finding myself momentarily riding a wobbling and fully ballistic bike veering dangerously towards both the curb and the asphalt.

Falling down there would have meant going down hard and in front of traffic. It would have also meant my second fall of the day, as I misjudged a steep hill on my way there in the morning, and couldn’t clip out from pedals in time after a bad shift.

Which would have made it just my second fall in the past several years, as well.

Even so, I ended up with cuts and bruises where my legs smacked the frame. And everything from butt up feels like I was hit by a Mack truck.

Yes, everything.

Enough said.

Just a reminder that something most drivers wouldn’t even notice can be dangerous if you’re on a bike.

Even if you don’t hit the street.

So with that, let’s catch up on the news we missed as I tried to sleep off my bumps and bruises yesterday.

………

Bad news from Redondo Beach, as a 48-year old triathlete Michael Giardano collapsed and died after the swimming leg of the Redondo Beach Triathlon. My condolences to all his loved ones.

………

Buscaino FlyerIf you’re anywhere near San Pedro tonight, try to make it to the 6 pm meeting with Councilmember Joe Buscaino to defend the recent road diets and bike lanes in the area.

As we’ve discussed before, the primary complaints center on the road diet installed on Westmont Drive, which reportedly results in traffic congestion just 20 minutes each morning and afternoon as parents pick their children up at the local school.

Yet the bike lanes those parents complain about exist primarily to tame traffic and improve safety around that very school. Which means that instead of demanding that they be removed, parents should be thanking city officials for taking tangible steps to protect their children.

The mantra for this meeting should be it’s not about bicyclists, it’s about the safety of your children. And if local residents somehow think the convenience of a few drivers is more important that, something is seriously wrong in San Pedro.

With school ending for the year, they’ve got all summer to find a solution that works for everyone. And returning to the previous status quo ain’t it.

………

Remember that vivid green paint that lasted about a week on Spring Street, which Hollywood location scouts claimed was impossible to avoid filming or remove in post-production and was used nowhere else in the known universe?

Yeah, right.

Mark your calendar for a Battle Royale this Friday when the issue comes before the full City Council. Every bike rider who can make it should be at City Hall at 10 am Friday to refute the lies and demand that the safety of our citizens should take precedence over the convenience of filmmakers — as if there’s not enough money in their bloated budgets to cover-up a little green paint on the street.

Tell you what.

Just give me a couple of hours and a box of gaffers tape, and I guarantee they won’t see an glimpse of green in the dailies.

Fortunately, not all Hollywood types are bike-unfriendly. Or have such small hearts.

………

I haven’t had a chance to dive into it yet, but the long-awaited LAPD report on hit-and-runs has finally been released, and will be presented to the Police Commission at today’s meeting.

At first glance, it suggests that the city’s rate of hit-and-run, while not acceptable, is not out of line for comparable major cities, and hit-and-runs resulting in death or serious injuries to pedestrians is on the decline.

But if you think more drivers fleeing after killing or injuring bicyclists, you’re right.

………

The “new” LADOT issues their annual report, and takes credit for more than doubling the number of bike lanes in the last eight years compared to the previous 32, with 150 miles installed during the eight-year Villaraigosa administration.

………

A bike rider is shot in Santa Monica in an apparent gang driveby, which had absolutely nothing to do with last week’s shooting rampage, despite the Times unfortunate spin on the story. L.A. mayor-elect Eric Garcetti promises bike lanes and walkable communities. The Source names the bikiest guy in L.A. The upcoming Wilshire Blvd CicLAvia should be better for pedestrians; CicLAvia means open streets for everyone, not just bike riders. Another neighborhood council wants your take on bike lanes on North Figueroa; take a few minutes to respond, because the bike haters certainly will. Turns out handlebars aren’t the safest place to ride, but you knew that, right?

Laguna Beach sees an increase in bicycle collisions. If you hit another cyclist or a pedestrian, stick around until you know they’re okay, hit-and-run laws — and common human decency — apply to us, too; thanks to Allan for the heads-up. A Sacramento man faces a murder charge after deliberately running down a bike rider he’d argued with, then getting out and kicking him repeatedly. An 18-year old Pleasanton driver kills a woman cyclist and injures her husband; since she rear-ended both of them, it doesn’t really matter if one might have been outside the bike lane, does it? In what was clearly a horrible weekend for NorCal cyclists, a 25-year old bike rider is killed in Elk Grove, a San Jose cyclist is killed in a collision with a train and a Modesto man is killed in a hit-and-run. Once again, a San Francisco pedestrian is injured by a cyclist.

Your next bike could be a lot smarter than your last one; on the other hand, I’m not looking forward to a bike that can say “I’m sorry Dave, I’m afraid I can’t do that.” Especially since my name’s not Dave. IsolateCyclist looks at the people who self-identify as cyclists in order to criticize other cyclists. Bicycling is catching on with the NBA. Members of my college fraternity will be riding cross-country to raise half a million dollars for people with disabilities. Lessons learned by a first-time bike commuter from my hometown. A Kansas man is electrocuted trying to steal copper wire, but props for riding a bike to do it. Chicago’s bike-specific traffic signals increase compliance by 161%. New York’s new bike share program currently reaches just 10% of the city’s population; the NY Times asks why the fuss over bikes in a city that can tolerate anything? Why conservatives should love bike share; then again, no one ever said embracing bike share would be easy. NYC bicyclists offer their wisdom on riding in the city in 10 words or less. A struggling rider finds advice on how to ride uphill. Even when one of their own editors is doored, the NY Daily News blames the victim; however, they agree cyclists aren’t the real danger, despite what the WSJ’s wicked witch says. Boston incorrectly blames bicyclists for most collisions. Bob Mionske relates how a local Tennessee political boss got away with murder — or vehicular homicide by intoxication, in this case — something I suspect occurs far more often than we’d like to admit. The wife of North Carolina’s Bicycle Man fills in during his illness.

A British PSA might just shock a few drivers into sobering up first; thanks to Day One for the heads-up. London’s bike czar says the city needs fewer testosterone-fueled cyclists and more careful female ones; nope, not a hint of reverse sexism there. A UK cyclist suffers a broken arm in a road rage assault. As usual, the Cycling Embassy of Great Britain offers a blog roundup that puts this one to shame. Bike safety devices designed to prevent collisions with trucks could make things worse. Guess which country has gone pazzo for bicycling? A South African driver flees the scene after plowing into three cyclists. An Australian woman is killed while riding with her husband the day before an appointment to find out if she was pregnant. Proof that bike riders aren’t always the good guys, as an Aussie cyclist shoots a sleeping transient with an arrow. A special New Zealand inquest rules mandatory hi-viz clothing won’t cut bicycling deaths. Chinese authorities apologize for beating a bike salesman. Well said: “If we meet out on the road or trail, let that be the start, not the totality, of a friendship.”

Finally, it’s seldom a good idea to celebrate your birthday by riding drunk and trying to strangle the cop who stops you. This is why it’s not a good idea to use people instead of traffic cones at bike races, with entirely predictable results. And someone should tell this 10-time loser that just because the sign says Highway 101, that’s not actually the speed limit; seriously, if you lose your license 10 times in four years, you shouldn’t even be on the damn highway. Or any other street, for that matter.

Too easy to get, too hard to lose, indeed.

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Hit-and-Run, Law Enforcement, Streets and Infrastructure / Tags: , , , , , , ,

Actually, the Newport Beach Police Department gets it after all; Gardena may be another matter

June 7, 2013 / / Comments Off on Actually, the Newport Beach Police Department gets it after all; Gardena may be another matter

No one gets it right all the time.

Myself included

But I have to respect anyone who can accept criticism. Especially when they actually do something about it. And particularly when the problem involves the often troublesome intersection of police and bikes.

That’s exactly what happened recently when I criticized the bicycling webpage of the Newport Beach Police Department.

As you may recall, I took them to task for offering bike safety advice that suggested cyclists should always ride to the right, while ignoring the many exceptions to CVC21202 that allow bike riders to take the lane for their own safety.

As well as disputing their recommendation to ride single file, a requirement which is contained nowhere in the California Vehicle Code.

My reasoning wasn’t just that they were wrong. It was that both bike riders and motorists might get the wrong idea from reading it, needlessly contributing to the conflicts on our streets.

The surprising part came a few days later when I received an email from bike riding NBPD Deputy Chief David McGill.

Needless to say, he wasn’t thrilled my criticisms. But instead of arguing with me, he wanted to reach out to me to work together in addressing the problems facing bicyclists in Newport Beach.

As he put it,

When Jay Johnson was sworn in as our Chief of Police in 2010, he made bicycle safety an important part of the Department’s mission.  As a result, in the past several months the NBPD has increased their efforts to work together with the community and the City’s Citizen’s Bicycle Safety Committee (recently reformed as the Bicycle Master Plan Oversight Committee) to do what we can to help improve bicycle safety for all people who visit, live and work in Newport Beach.  Together with our partners, we have accomplished much in the past few years, but there is always more work to do.

When I took a second look at what I’d written, I realized that I’d come off a little harsher than I had intended for what was, in balance, good advice for bike riders. So I toned down my criticism of their website, while responding to his email to explain my objections.

Then, to be honest, I forgot all about it, as a continuing parade of various issues and crises, both personal and bike-related, took precedence.

But they didn’t.

This week I got another email from McGill saying the department had considered my suggestions. And actually acted upon them.

But more importantly, they got it right this time.

My only suggestion was to add the phrase “when traveling below the speed of traffic” to their advice about “riding furthest to the right.” And when I checked back before writing this, I saw that change had already been made.

Of course, we didn’t win on every count.

While they continue to interpret the vehicle code as not allowing side-by-side riding in most situations, it also seems to be a lower priority for the department. And they’ve removed the instruction to ride single file from their website.

I can live with that.

And you can’t ask for much more than a police department that is willing to listen to — and better yet, act on — criticism from the bike riding public.

NBPD Chief Johnson, and those who work for him, have won my respect.

And my gratitude.

………

Gardena might be another story.

According to the official version, police responding to a report of a robbery and/or stolen bicycle attempted to stop two men they spotted riding bikes. That’s when a third man ran up to them, and — allegedly — reached into his waist band.

Thinking he was reaching for a gun, the officers shot multiple times, killing him and wounding one of the other men.

But if he really was armed, no one has bothered to mention it yet.

Now witness reports are coming out that the victim, Ricardo Diaz-Zeferino, was actually running with his hands in the air, rather than near his waistband. And he was trying to tell the officers that the two men were his friends, and weren’t involved in the theft.

In other words, he died because it was his bike that was stolen. And he was trying to help two friends who had nothing to do with the crime.

Now, don’t get me wrong.

I understand that cops have their lives on the line, and things can go horribly wrong in any contact with the public. And that they have to make split-second decisions to protect both their own safety and those they are sworn to protect.

It’s easy for us to sit back and judge their actions after the fact. A lot harder to make those split-second decisions in real time, in real world situations.

But it looks like an innocent man — one of the L.A.’s area’s many bike riding Los Invisibles — became all too visible at exactly the wrong time, in front of cops who apparently reacted to what they thought was happening, rather than was actually was.

And now a man is dead because of it.

All because he was the victim of a bike theft, and some cops in an area with a large Latino population who apparently didn’t understand Spanish.

………

On a related note, KPFK’s Michael Slate Show will interview Sandra Cotton, sister of Terry Laffitte, who was fatally shot by police who initially attempted to pull him over for riding without lights last month.

The broadcast will air today — Friday — at 10 am on KPFK 90.7, streaming live at www.kpfk.org.

………

Finally, just a few more quick notes.

Nearly forgotten in the dust-up over New York’s bike share program is the fact that L.A.’s Bike Nation bike share program was supposed to be up and running by now. Streetsblog’s Damien Newton explains why it isn’t and maybe never will be.

The new mayor of Compton is young, female and an actual urban planner.

Volvo designs a safety system that can recognize a bike rider and apply the brakes before a collision can occur; thanks to Jeff White for the link.

An Alexandria VA bike advocate effectively rebuts the myth of the scofflaw cyclist; link courtesy of Kent Peterson.

John Grotz forwards a link to a video currently making the rounds showing a New York bike rider repeatedly cut off, then threatened in a Hassidic neighborhood before another man comes to his rescue. He notes this is the same neighborhood that successfully lobbied to have new bike lanes removed a few years back.

A Victoria BC mountain biker is nearly decapitated when a wire is strung across a bike trail in an apparent sabotage attack.

And a Brazilian billionaire’s son gets community service, loss of his license for two years and a nearly half million dollar fine — chump change for his family — for running down a bike rider in his $1.3 million Mercedes SLR McLaren.

And yes, he’s planning to appeal his very generous slap on the wrist.

Category: Advocacy & Politics, Bikes & the Law, Law Enforcement, Violence & Crime / Tags: , , , , , ,

A slow building right hook, how it looks to be invisible and a very courteous SaMo parking officer

June 1, 2013 / / 4 comments

It’s been awhile since I’ve had a chance to post any videos from my recent rides.

I ended up deleting most of them this past month as I worked to catch up from my recent involuntary computer downtime. And anything that didn’t seem all that dramatic didn’t make the cut.

But here are a few that did.

First up, as happens far too often, a driver speeds up to pass me on Abbot Kinney, then cuts in front of me to make a right turn. He might have gotten away with it if he hadn’t had to stop short to let a pedestrian cross the street he was turning onto.

If I didn’t have good brakes — thanks Chris! — and more importantly, been prepared to use them, this could have had a different outcome.

Note to drivers — never count on a best case scenario to complete a move you shouldn’t have started in the first place.

Then there’s this one taken the same day while riding past the VA hospital in Brentwood, in which I discover just how it feels to be invisible, by nearly rear-ending a driver who pulled out directly in front of me.

Same notes about good brakes and preparation, same thank you to Chris, formerly of the Westwood Helen’s and now a rockstar bike buyer in the Santa Monica store.

And by the way Chris, if you ever need someone to review anything…

Finally, my videos tend to focus on stupid driver tricks, simply because that’s what I usually encounter on the streets. And what shows up well on video.

Trust me, I wish the video of the idiot who nearly t-boned me Thursday by making a left into the bike lane I was riding in on San Vicente had come out better so I could show it to you. But even though he finally stopped about a foot from my left hip, I was looking straight ahead at the time trying to get the hell away from him.

And the camera doesn’t show what I’m not looking at.

But riding north on Ocean through downtown Santa Monica that same day, I was annoyed to find a parking enforcement officer cruising in the bike lane ahead of me, and started searching for a break in traffic to go around him.

Until he evidently noticed me in his rear view mirror, that is, and courteously — and safely — pulled out of my way to let me pass.

And no, he wasn’t pulling over to write a ticket; he gave me a wave as I passed, then pulled back in behind me once I was out of the way.

Note to the City of Santa Monica — if you can identify this guy from the video, give him a medal or a commendation or something.

He makes your city look damn good.

If only all your parking officers — let alone drivers — would follow his lead, the streets would be a much safer place for all of us.

Category: Bicycle Safety, Bike Cam Video, Law Enforcement / Tags: , , , , , , ,

Reward in hit-and-run murder of David Granados, new video in Beverly Hills road rage attack

April 26, 2013 / / 2 comments

Maybe the city is getting serious about hit-and-runs.

Or at least, the kind that leaves an 18-year old bike rider lying dead in the street.

As you may recall, 18-year old David Alexander Granados was attempting to cross Oxnard Street in the crosswalk at Bellaire Avenue when he was hit by a speeding SUV that ran the red light, throwing his body nearly 200 feet according to witness estimates. A friend who saw the collision told police Granados had the right of way, and looked both ways before crossing the street.

In other words, despite doing everything right, he was murdered by a lawbreaking motorist who fled the scene like a heartless coward, rather than face the consequences of his actions. And his killer continues to hide despite numerous pleas for him to come forward, and offers of forgiveness from the victim’s family.

Now the L.A. City Council will vote Tuesday to offer a $50,000 reward for information leading to the capture of the suspect.

The LAPD has released security camera footage of the suspect vehicle, a white or silver Mercedes M Class SUV with likely damage to the passenger side, driven by a man in his 50s.

Anyone with information is urged to call Valley Traffic Division Officer M. Tucker at 818-644-8063.

Thanks to Richard Risemberg for the heads-up.

……..

On a related note, the Beverly Hills Police Department has released a pair of new videos showing the vehicle involved in the road rage assault on a bicyclist in an alley just off Wilshire Blvd on April 3rd.

The videos show a white, newer model BMW 3281; the driver is described as a white or Middle Eastern man in his mid-30s with dark hair and eyes, and a slender build.

Despite the lengthy delay in announcing the case to the public, the BHPD appears to be taking the case seriously, seeking the driver on suspicion of attempted murder.

Anyone with information should call Det. Eric Hyon at 310/285-2156.

……..

A letter on the Encinitas Patch site reports that fund has been established for the family of fallen Carlsbad cyclist Eric Ringdahl, who was killed by an allegedly sleeping driver while riding in the bike lane on El Camino Real last Sunday.

To make a donation to help support Eric’s family, please send checks to the “Eric Ringdahl Memorial Fund.” Checks may be deposited at any Wells Fargo Branch or mailed to Wells Fargo, 277 N. El Camino Real, Encinitas, CA 92024.

The letter fills in the blanks in his biography, confirming that he worked in cell-based therapies at Cytori Therapeutics Inc. He leaves behind his wife Amy, an amateur triathlete, as well as three children ranging from five to nine.

In a tragic irony, the family has been active in efforts to improve road safety, working to get a new stop sign near their children’s school.

……..

Finally, a 25-year old Berkeley-area cancer patient leaves a note for the jerk who stole his or her bike, apparently attached to the one remaining wheel the thief left behind.

The note adds that the rider didn’t drive, and the bike was the only means of transportation to get to oncologist appointments.

And that “Biking made me happy.”

However, the first — and so far, only — comment to the story goes a long way towards restoring my faith in humanity.

i have a bike – you can have it.

Category: Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Law Enforcement, Violence & Crime / Tags: , , , , , , , ,

Catching up with today’s way too long compendium of all the latest bike news and links

April 25, 2013 / / 3 comments

Let’s take a few minutes to catch up on this week’s news now that things have settled down a little.

Or maybe quite a few minutes.

It’s a long list.

………

Beverly Hills isn’t the only place where a road raging driver has left an injured cyclist in his wake.

Around 5 pm last Friday, a group of women visiting from Las Vegas were riding single file on eastbound PCH in Newport Beach, when a Cadillac pulled up behind one on the riders and started honking impatiently — then plowed into one of the riders, rather than wait a few seconds until they could get out of his way.

The jerk driver fled the scene, but returned later, claiming it was the victim’s fault. Evidently for having the audacity to occupy the same space where he wanted to put his car.

The woman was transported to a local hospital with a head injury; a comment to the story indicates she was released after being kept overnight.

And no word yet on whether the driver was cited, or if charges are pending.

Thanks to Lois for the link.

………

An unarmed bike rider is shot by an L.A. Sheriff’s Deputy who thought he was acting “suspicious” and might have had a gun.

Maybe I’m missing something here, but since when is the mere possibility that someone might a weapon sufficient justification for using deadly force?

Maybe that’s why some drivers have been so aggressive lately. They can’t tell if I’ve got a gun in my bike shorts, or just happy to see them.

………

On the job front, Safe Routes to School is looking for an Active Transportation Fellow in DC. The League of American Bicyclists is looking for a Development Director. And if you’re a bike enthusiast with wrenching skills, GMR Marketing has a job for you at this year’s Amgen Tour of California.

………

The LA Weekly trolls for web hits once again, claiming, among other things, that the best way to improve L.A. traffic is to rip out bike lanes in favor of restoring regular traffic lanes. As evidence, the bike-baiting writer who shall remain unnamed claims the 7th Street bike lanes are unused and result in angry motorists.

Yet he somehow fails to explain why the city’s worst traffic problems are on streets that don’t even have bike lanes.

As someone who rides 7th Street on a regular basis, I can attest that I have never seen a traffic jam there since the bike lanes were put in, even at rush hour. And seldom find myself the only cyclist using the popular lanes, which have become the primary feeder route for riders coming into Downtown from the Westside.

But then, the Weekly doesn’t always let the facts get in the way of the story when it comes to bikes these days.

………

Once again, L.A. County’s killer highway claims another life, this time a pedestrian crossing Pacific Coast Highway in Malibu.

Which is a needlessly tragic lead-in to the news that Malibu is hosting a pair of public meetings next month to discuss the city’s PCH Safety Study next month. If you ride on PCH — or ever find yourself trying to cross the street there — you owe it to yourself to attend one.

………

Maybe it’s just because the producer is my nephew. But this looks like a pretty decent distracted driving PSA. Especially considering it was made by a 16-year old who just got his license.

………

The city council gives the go-ahead for bike share in Downtown L.A., while CD14 Councilmember Jose Huizar introduces a motion to repaint the Spring Street green bike lanes. Speaking of which, the most recent bike count shows ridership on Spring Street is up another 40%, after a 52% increase last year; I suppose the Weekly would say no one uses those, either. Construction will begin soon on shared bike/bus lanes on Sunset Blvd. Mark your calendar for Bike Week; pledge to ride on Bike to Work Day and you could win a bike from REI. Examined Spoke offers some good thoughts about CicLAvia; I missed that somehow in yesterday’s roundup. Will Campbell unwillingly shares a burger with a man who blames cyclists for everything that’s wrong with Los Angeles; maybe he’s a regular Weekly reader. A Silver Lake bike rodeo is scheduled for May 18th. Metro works to improve bike and pedestrian access in Boyle Heights and Little Tokyo. How to get abandoned bikes removed from racks. Both Helen’s Cycles in Santa Monica and Pasadena’s Incycle Bicycles invite you to ride with them this weekend to learn about Tour de Cure. County Commissioner Zev Yaroslavsky says NBC Universal has agreed to complete — and help pay for — a missing link in the L.A. River Bike Path through Universal Studios; now if he could only apply a little pressure to the anti-bike city of Vernon. Calabasas bike-centric farm-to-table restaurant, coffee roaster and Moots bike boutique Pedalers Fork is open, and the first reviews are already in and looking good. In other food news, bike-powered Peddler’s Creamery is now open in Downtown L.A. The San Marino paper offers what may be the most accurate estimate of attendance at Sunday’s CicLAvia, putting the total at an open-to-interpretation several hundred thousand.

The third attempt at a California three-foot passing law passed its first hurdle in the state legislature; now its on the Appropriations Committee, even though it wouldn’t seem to require any. Riverside boldly decides to study a disputed bike lane. An open letter to the AAA. No charges against a stop sign-running Apple Valley driver who hit a cyclist. A call for artistic bike racks in Beaumont. A Newport Beach city councilmember criticizes the sentence given the killer driver in the Campion-Ritz hit-and-run; but why is the death of a “significant citizen” any more important or tragic than anyone elses? Presenting the best bike ride around San Diego’s Mission Bay; I often followed a similar course when I lived down there. Escondido’s Muffler Man will get bike drag in time for the Amgen Tour of California. When a little girl’s bike is stolen, an Oxnard cop buys her a new one at his own expense, then teaches her how to ride it; thanks to our Carolina friend Zeke for the heads-up. Red Kite Prayer drops in on this year’s Sea Otter Classic. A new bike path opens connecting Downtown San Jose to the Bay. A case so old I’d forgotten all about it finally comes to a conclusion, as a Santa Clara County deputy gets a warm caress on the wrist when he’s sentenced to four months, possibly to be served at home, for killing two riders while asleep at the wheel. Unlike its L.A. counterpart, the San Francisco Weekly doesn’t have it’s collective head planted firmly up its own posterior, explaining why protected bike lanes are good for business; then again, even NBC says the same thing, at least for small businesses. It’s been a bad year for NorCal cyclists, as a 79-year old rider was the latest to killed; if a bike rider can fall under the wheels of a passing car, doesn’t that suggest the car was passing dangerously close — let alone that it might have caused the fall?

A Portland driver somehow finds herself on a separated bikeway rather than the interstate highway bridge next to it; local police say “oops.” Another self-hating bike rider who says cyclists don’t belong on the road (scroll down). Those bike-riding Portland kids sure have it easy these days. Bike share will launch in Seattle next year. An Alaska cyclist rides his fatbike over 2,000 miles in the middle of winter along two of the state’s famed sled dog trails. Big hearted strangers give a new bike to the victim of an Oklahoma hit-and-run victim. America’s only surviving Tour de France winner says he has no vendetta against Lance Armstrong; can’t say the same about the U.S. government, though. Louisiana driver gets a minor citation despite hitting and seriously injuring a bike rider who stopped in a bike lane. Bikeyface wishes bikes were more like cars. New York imposes new restrictions on bike delivery riders. NYC’s new bike share program isn’t even open yet, and it’s already being vandalized.

A UK nurse was over twice the legal alcohol limit — and on her way to work — when she killed a cyclist and fled the scene, stopping only to pull the bike out of her way. A driver with a suspended license killed a cycling married couple as he fled from police. Amazingly, British police refuse to file charges against a road raging driver was captured on helmet cam beating the crap out of a bike rider; thanks to Joni for the heads-up. Parliament members call for reducing speed limits and jailing dangerous drivers, as well as boosting spending levels to £1 billion to encourage more people to take up bicycling. Photos of eyes over bike racks cut theft rates. Town Mouse is more concerned with the safety of the dog chasing her. The director of a Dutch — yes, Dutch — road safety institute calls for a mandatory helmet law for riders over 55. A new book looks at Italian cycling great Fausto Coppi. The authoritarian state of Uzbekistan is banning bicycles in the capital, seizing bikes and advising bike shops to shut down. A Persian Gulf writer asks if taking a dangerous shortcut is really worth it. Queensland is relaxing their mandatory helmet laws to allow religious requirements. An Aussie woman is ticketed for using a handheld cell phone while riding, but the local press is more freaked out by her “bizarre” tall bike. Tempers run hot Down Under, as a cyclist is punched out by an angry driver. Why women should ride to work and how to get started.

Finally, build your own sandwich bike; peanut butter and jelly optional. A British thief returns a stolen “lusciously smooth” bike with an apology and a coupon. And trust me, you don’t want to read the comments to the Times’ story  about the Beverly Hills road rage case — let alone the ones on the CBS version.

But you’re probably going to anyway.

Category: Bicycle Safety, Car vs Bike, General, Injuries and Fatalities, Law Enforcement / Tags: , , , , , , , , , ,

Breaking news: Driver sentenced to five years in hit-and-run death of Newport Beach cyclist

April 12, 2013 / / 6 comments

I’ve gotten confirmation from multiple sources that Michael Jason Lopez pleaded guilty today in the hit-and-run death of Newport Beach cyclist Dr. Catherine Campion-Ritz.

As you may recall, Campion-Ritz was the second of two cyclists killed in Newport Beach in just 24 hours last September, hit from behind as she rode with her husband in the bike lane on high-speed Newport Coast Drive. The driver fled the scene, leaving her critically injured in the street; she died later at a local hospital.

According to a press release from the OC District Attorney’s office, the Newport Beach Police Department used surveillance video to identify Lopez’ truck and determined that he was the driver, arresting him just three days after the collision.

Lopez accepted a plea deal for a single felony count of hit-and-run causing death and a misdemeanor count of vehicular manslaughter without gross negligence.

According to the press release, he will serve five years in state prison. However, another source indicates that Lopez will serve four years in state prison on the felony count — with the possibility of parole — followed by another year in county jail for the misdemeanor.

The death of the popular physician had a huge impact on her family, as the press release indicates.

Victim impact statements were submitted to the court by the victim’s mother, her husband, two brothers, and two sisters. The victim’s mother said in part, “Her death was a tragic loss for all of us. Without warning, she was gone and our lives will never be the same without her. I never expected to outlive my children, yet Kit is gone at 57 and I am still here at 87.”

The victim’s husband said in part, “Catherine was many things to many people; physician and leader in the medical community, business leader, a church lector, and family leader. To me she was my wife. She was my confidant, my partner in adventure, and my inspiration. There is an emptiness at home with no one to reminisce about [the] past, to discuss the day’s events or to make plans for the future. The activities we did together I typically now do alone or not at all.”

What the release doesn’t mention is the impact her death had on the larger community.

Along with the death of cyclist Sarah Leaf a day earlier, it inspired a massive rally and bike safety campaign that still reverberates today. As tragic as it is, we can honestly say her death wasn’t in vain, as it has lead to improvements in safety and enforcement that could help keep other riders alive.

Which, honestly, should be the result of every cyclist who falls on our streets.

Whether just five years, or potentially less, is justice in this case is subject to debate; Dr. Christopher Thompson got a similar sentence for merely maiming two riders, though his actions were intentional.

However, it is a lot more than the slap on the wrist too many hit-and-run killers get away with.

And it’s probably the best we could hope for without going to trial.

Thanks to Jeffrey Fylling and Ann for the heads-up. And thanks to the NBPB and Deputy DA Anna McIntire for bringing a killer to justice.

Category: Bikes & the Law, Hit-and-Run, Injuries and Fatalities, Law Enforcement, Legal Cases / Tags: , , , ,
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