Archive for Legal Cases

Bad night for cyclist shootings in Southern California; cyclist killing driver gets 25 to life for murder

October 20, 2012 / / 6 comments

Two bike riders lost their lives to gunfire Thursday night.

One in San Diego, and a second in Santa Ana six hours later.

According to the North County Times, San Diego police responded to reports of gunshots and a man down around 7pm on South 35th Street near Durant Street.

The victim, who has not been publicly identified pending notification of next of kin, had been riding his bike near his home when he was shot. He fell off his bike, then ran towards his home, collapsing before he could get there.

Paramedics declared him dead at the scene.

Six hours later, a second bike rider was shot and killed in Santa Ana in what police describe as a gang-related shooting.

The Orange County Register reports that 20-year old Edgar Omar Sura of Anaheim was found suffering from multiple wounds when police responded to reports of gunshots around 1am on the 4500 block of Westminster Avenue.

According to KABC-7, Sura was riding his bike when he was shot around La Bonita Avenue and 17th Street; like the victim in San Diego, he tried to run away, but collapsed before he could reach a nearby condo complex.

Authorities may offer a reward of $50,000 for information on the shooter(s).

These are the fifth and sixth fatal shootings of bike riders in Southern California this year, and the second each in both San Diego and Santa Ana.

Update: The San Diego-area victim has been identified as 44-year old Juan Carlos Martinez of Mountain View. 

………

Finally, a fallen cyclist gets the justice he deserves.

Sixty-eight-year old Armando Herman Villalobos of Home Gardens was riding his bike home from the grocery store when he allegedly cut off a truck driven by 23-year old Anthony Ray Lopez of Corona.

Egged on by his passenger after an afternoon of drinking, Lopez followed Villalobos’ bike, yelling and cursing at him. When the cyclist ignored them, Lopez bumped the back wheel of the bike with his truck, yet somehow Villalobos managed to stay upright.

Then the passenger, 24-year old Christopher Isenhower, said “Let’s go for him,” according to a witness; Lopez gunned his engine, hitting Villalobos’ bike and sending him flying to his death. Lopez then fled the scene after stopping to dislodge the bike from under his truck.

Isenhower reported the hit-and-run to Riverside sheriff’s deputies later the same night — presumably after sobering up a little.

The Valley News reports that Lopez was sentenced to 25 years to life in state prison on Friday, the sentence dictated by sentencing guidelines for first degree murder following Lopez’ conviction on August 30th.

No word on the charges or potential sentencing facing Isenhower, who appears far from innocent in this case.

………

Photos courtesy of Michael Eisenberg

Michael Eisenberg sends word that the bike lane-blocking bus layover on Rinaldi Street has finally been repainted, as promised by Lynne Goldsmith at Bike Metro.

I saw this final restripe on the commute to work this morning. The bike lane used to be the closest 3 feet to the curb. They narrowed each car lane 1 foot. There is a broken line area where the buses are supposed to park, and this guy missed the mark by 40′, but the restripe job covered the entire block, so I guess it really doesn’t matter. There really isn’t safe passing room between the bus and the right car lane, but the restripe adds a little more visual acuity to the situation.

The shame is that the block before this one there is a really large dead area where the street is extra wide as it transitions of the 118 Fwy overpass where the buses could park without impeding any traffic or bike traffic.

………

I couldn’t resist sharing this email from San Diego rider gottobike in response to yesterday’s discussion of Jerry Browned as the new, well-deserved term for getting dangerously buzzed by a passing car while riding your bike.

I was carefully Jerry Browned while cycling in San Diego the other day. While bicycling through a construction area, a motorist swerved into the bike lane at a high rate of speed and came very close to clipping me (the “classic” Jerry Brown). With gravel, sand, and dust flying, he segued this Jerry Brown maneuver into a right hook, and then quickly corrected and shot down a frontage street that paralleled our course.

When I caught up with the motorist to compliment him on his Jerry Browning skills, he assured me that even though he had cut in front of me, he had done it very carefully.

I’m sure this careful Jerry Browning did not present any risk to the motorist.

……..

Finally, you can thank me later.

Category: Bicycle Safety, Hit-and-Run, Injuries and Fatalities, Legal Cases, Streets and Infrastructure, Violence & Crime / Tags: , , , , , , , , ,

An expanded CicLAvia goes off without a hitch; a killer driver walks with a virtual pat on the back

October 8, 2012 / / 3 comments

L.A. celebrated the fifth edition of city’s biggest two-wheeled block party on Sunday. KNBC-4 captures the day through Twitter comments and photos, as well as weatherman Fritz Coleman’s helmet cam.

Police say there were no major incidents in Sunday’s CicLAvia, but it’s odd that the estimates of how many people participated never seem to budge from 100,000, which seems to be a native expression meaning a shit load; as long as they’re making up numbers, why not pick a different — and vastly higher — one for a change? City officials seem to consider it $350,000 well spent, which works out to roughly $3.50 per under estimated person.

The new route took riders past USC to Exposition Park, as well as MacArthur Park, Boyle Heights and Chinatown. Personally, I enjoyed the new Boyle Heights and Figueroa legs, but Chinatown didn’t really work for me.

My own CicLAvia turned out to be a disappointment, as mechanical issues kept me from leaving home until afternoon; by the time I got there, I had just enough time to ride the route with no stops, finishing just as the traffic-blocking barriers were removed.

However, I did capture the ride on my own helmet cam. If I can figure out how to turn it into a Will Campbell-style timelapse video, I may put it online in a day or two.

Meanwhile, Claremont and Pomona may get a CicLAvia of their own.

………

I’m not sure if I’ve really been too busy to write this, or if the subject just turned my stomach.

The second street racing driver involved in the death of pro cyclist Jorge Alvarado was sentenced to a pat on the back slap on the wrist this past week, as it seems the judge did everything but thank him for reducing the excess cyclist population in San Bernardino County.

Like his co-defendant Patrick Roraff, Brett Morin was sentenced to a mere 90 days in jail — released for time served — and three years probation for recklessly killing Alvarado in what had previously been described as a street racing incident, but is now considered mere automotive horseplay. Somehow during the course of the non-trial the drivers’ speeds were reduced from an estimated 75 to 80 miles per hour to a relatively sedate 64 to 66 mph.

Yet even with the slower speeds, Alvarado is still dead.

Not that the judge seems too concerned.

The Inland Valley Daily Bulletin quotes him explaining the rationale behind his sentencing.

“Without question, this is a horrific event that everyone in the courtroom would take back if they could,” Judge William Jefferson Powell said.

Powell went on to say that nothing done on Wednesday would bring Alvarez back and that he did not see a reason to destroy another young life.

I sincerely hope someone reminds him of that statement the next time a defendant is on trial for shooting someone, since a stiff sentence wouldn’t bring that victim back, either.

Of course, it would be nice if the paper could get the name of the victim right. Let alone if the judge had given as much consideration to the victim as he did his killers.

Or placed as much value on the life of a cyclist as California courts do the life of a dog.

According to the Press Enterprise,

A harsher sentence, the judge decided, would compound the tragedy of Alvarado’s death… Powell explained that he was seeking to protect the public and hand down punishment for a tragic death without destroying the life of a young man who has no prior criminal record and, whom the judge said, has led an upright and productive life.

Other than taking the life of an innocent cyclist, of course.

And I don’t know about you, but I don’t feel very protected.

The blame for this travesty of justice clearly rests with the judge, as the prosecutor claims he had nothing to do with the plea deal, which was made directly from the bench,.

Hopefully San Bernardino County cyclists will remember this case when Powell comes up for re-election.

………

Not surprisingly, accused hit-and-run driver Michael Jason Lopez pleads not guilty in the death of Newport Beach cyclist Dr. Catherine “Kit” Campion. He’s facing eight years for felony hit-and-run causing death, and misdemeanor vehicular manslaughter without gross negligence, with a felony enhancement for a 1993 burglary conviction.

………

Now that L.A. has cancelled them, there’s evidence that red light cameras really do make roads safer. Flying Pigeon shop owner Josef Bray-Ali finally sees some success in his campaign for a car-free Lincoln Park. Urban bikewear manufacturer Swrve challenges two-time three-foot-law vetoing Governor Jerry Brown to a ride across Los Angeles; frankly, I doubt he cares any more than some judges I could name. What is bike advocacy, and who exactly gave you permission? An El Monte cyclist inadvertently prevents a kidnapping; thanks to Meghan Lynch for the heads-up.

A Newport Beach councilmember and the city’s police chief will talk bikes on Wednesday. Laguna Beach considers a road diet to make way for pedestrians and bikes. Four CdM cyclists, three riding styles. BikeSD is now officially an advocacy group; if you live or ride in the San Diego, you owe it to yourself to sign up. It’s been a bloody year for pedestrians and cyclists in Rancho Cucamonga. A Santa Barbara motorized bike rider suffers life-threatening injuries in a right-hook collision with a 16-year old driver. Richard Risemberg takes a ride in the SLO lane. Santa Cruz cyclists enjoy their version of a ciclovia. Fresno cyclists remember a seven-year old bike rider killed by a drunk driver last July. Just Another Cyclist takes on an anti-bike zealot who complains about bicycle zealots like you and me; nice to see his insightful writing once again.

Bicycling offers advice on buying a used road bike; my advice is be careful buying off Craigslist if you don’t want to support your local bike thief. Framebuilder Dave Moulton says Lance and Pat are harming the sport he loves. A bike riding Ogden UT writer says the city needs to do more to support cycling — including giving more tickets to riders for being stupid. After a cyclist is killed in a dooring, a Chicago Tribune columnist asks if cycling is getting more dangerous; bike advocate Steve Vance says no, but the realization of what it takes to keep us safe is. The usually rabidly anti-bike Daily News says it’s time for New York to build really separated bikeways. A judge criticizes the NYPD for stonewalling in the case of fallen cyclist Mathieu Lafevre.

It’s not about bikes vs cars, it’s about building better cities. Reykjavík mayor Jón Gnarr apologizes for his negative portrayal of a cyclist in an Icelandic sit com. The only thing more disheartening than having your bike stolen is finding it stripped for parts; London’s Guardian offers advice on how to avoid just that. A sharks-eye view on the safety in numbers theory. A British judge calls for banning bikes from high-speed highways. A Brit cyclist asks for greater safety and courtesy after a head-on collision with another rider on a bike path. Scott novelist and bike advocate Town Mouse writes her elected representatives to ask for more bike funding; seems congratulations are due on her election to the community council. Greg LeMond, now officially the only American Tour de France winner once again, talks bikes, ADD, Lance and doping in an Irish radio interview. Floyd “I didn’t dope, oh wait, yes I did” Landis can’t call bike racing’s governing officials bad names anymore.

Finally, an ode to putting your bike on the bus; thanks to our friends at the LACBC for the heads-up. And as usual, Britain’s Cycling Embassy offers a link roundup that puts mine to shame, if you have a few hours to kill.

I’ll be filling in as guest editor of L.A. Streetsblog through Thursday of this week, as Damien Newton takes some time off to spend with his new bouncing baby girl. So please forgive me in advance if postings are a little light this week; I’ll do my best to keep up. I just hope they gave me the right password.

Category: Bike Events, Bikes & the Law, Legal Cases / Tags: , , , , , ,

Suspect arrested in hit-and-run death of Michael Vega; bike-jacking bank robber and Sat’s Tour de Fat

September 14, 2012 / / 3 comments

Let’s start with good news from the Inland Empire.

The Press Enterprise reports an arrest has been made in the late August hit-and-run death of Michael Vega in Rancho Cucamonga.

According to the paper, published news reports and a phone tip led police to a truck driven by construction worker Jason Cox; after inspecting the vehicle, they arrested Cox on suspicion of gross vehicular manslaughter while intoxicated and hit-and-run resulting in death or injury.

It will be interesting to see how they can make the intoxication charge hold up, since Cox had over two weeks to sober up.

The paper says he’s being held in the West Valley Detention Center in Rancho Cucamonga on $250,000 bond.

But before you get too excited, remember this is the same DA and court system that let the street racing killer of Jorge Alvarado off with just three lousy months in jail.

Thanks to Joe Devito for sending the link.

Update: The Inland Valley Daily Enterprise reports that the tip that led to Cox’s arrest came as a result of a video plea for information from the Sheriff’s Department that was posted on their website Tuesday.

Deputies received a tip Wednesday evening pointing them towards Cox, who drove a work truck for a construction company in Chino. When Police inspected the truck, they found heavy front-end damage, as well as paint the matched the truck and the bike.

Cox will appear in court on Monday.

………

A Santa Ana cyclist chases down a bike-jacking bank robber with the help of a stranger, recovering his bike and leading to the arrest of the thief, who had previously failed to carjack three separate vehicles.

The thief may want to consider a new career once he gets out. Which isn’t likely to be anytime soon.

………

This weekend’s big bike news is the return of Tour de Fat at L.A. State Historic Park — a full day of bikes and beer, starting with a can’t miss bike parade through Downtown from 11 to noon, with registration for the parade starting at 10 am.

Entertainment runs from noon to 5 pm. I’ll be there volunteering at the LACBC booth until at least 1 pm, so stop by and say hi; anyone who signs up for LACBC membership gets a token for a free beer.

And if you hurry, there’s still time to sign up to trade your car for a bike worth up to $2,250.

Admission is free. Costumes are encouraged, but remember the forecast is for temperatures in the mid to upper 90s on Saturday. So you might want to dress for the weather and wear as little as possible.

And no, you don’t need arrive by bike; there’s plenty of parking in the area, and it’s walking distance from the Chinatown Metro station.

………

Don’t forget tonight’ Dinner & Bikes (& Cupcakes) with Elly Blue, one of the cycling community’s leading writers and thinkers, presented by LACBC affiliate Santa Monica Spoke.

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The Los Angeles Valley College Valley Star newspaper takes a look at California’s recently passed three-foot passing law. Jessica Simpson’s dad is given permission to drink again following an August DUI arrest, as long as he stays out of cars, bikes or motorcycles; nice to know the courts take these things not very seriously. West Hollywood teams with Sustainable Streets to offer a free Confident City Cycling course this Sunday. Courtesy of my friends at Altadenablog comes word of a lifelong cyclist and ex-Marine who won’t let MS stop him from riding, turning to Altadena custom bike-maker BlackSmith for a competitive hand bike. A Shell Beach physician is killed by a big rig after allegedly riding through a stop sign in San Louis Obispo; for some reason, a local TV station quotes bike injury stats from the Royal — note that word — Society for Prevention of Accidents. A bicyclist is injured every nine days in Mountain View; maybe he should learn to ride more carefully. It’s starting to seem like open season on bike riding pastors, as a Crestline Baptist minister is injured on a training ride.

People for Bikes wants your helps landing a $250,000 grant. The League of American Bicyclists responds to the National Women’s Bike Summit in Long Beach by announcing the launch of Women Bike to encourage greater female ridership. Analyzing Ebony magazine’s unhappy bicycle wedding. New bike helmet impact sensor automatically calls for help if it detects an impact. Bike Lawyer Bob Mionske offers advice on how to cover your ass if you lead a group ride. The massive Interbike trade show cracks down on non-industry entries; I’ve got a press pass, but no money to go, dammit. A suburban Iowa town is the latest to attempt to ban bikes. A Houston cyclist avoids serious injuries after falling 25 feet off a bridge. A Michigan judge agrees to sentence a hit-and-run driver to a minimum term after she pleads guilty, despite a blood alcohol level three times the legal limit. Why cyclists do the things we do. Remarkably, a jury concludes that it was just a coincidence that a New Jersey driver happened to run down and kill the teenage boy who vandalized his car. New York is failing to protect its vulnerable road users; a blind Detroit attorney sues the city for failing to stop reckless cyclists. Not surprisingly, a Brooklyn driver isn’t charged after hitting a cyclist and driving through a fence into a 50-foot pit. Courtesy of our friend Zeke comes word of a South Carolina salmon cyclist who was the victim of a hit-and-run; also by way of Zeke is a nice story of a successful 25-year old bike shop — as well as word that Albert Einstein came up with the Theory of Relativity while riding his bike. No, really, if you’re going to carry 12 grams of dope on your bike after dark, use some lights.

Editors at the Washington Examiner fan the flames of bike hatred with a highly inflammable headline unsupported by the even-handed article. Edmonton cyclists get their first bike box, which is one more than L.A. cyclists have. Better UK bike commutes through technology. As usual, British courts give a slap on the wrist to a killer driver who failed to see a cyclist before running him over; they’re almost as bad as New York. The World Anti-Doping Agency considers amnesty for riders who confess to drug use, but too late to help Lance, who rudely insists on riding anyway. You won’t want to miss the tongue-in minutes of an appeasing — not appealing — Aussie bike club.

Finally, after a driver attempts to run a cyclist off the road, they talk it out like British gentlemen. And it turns out giving birds the bird won’t stop Aussie avian attacks.

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

Stupid driver tricks, Ohio edition — cyclist hit by sidewalk driver

September 13, 2012 / / 2 comments

I’m on the run today, so no time for a full update.

But I couldn’t let the morning go without sharing this story from Ohio bike lawyer Steven Magas.

We’d been trading a few emails about a case he’s working on, and the importance of video evidence in contradicting the usual knee-jerk blame that seems to fall on any cyclist involved in a traffic collision these days. And how security cameras, which seem to be just about everywhere these days, can often catch the incident as it unfolds.

I know.

The idea of me offering advice to an expert attorney like Steve is like telling the Pope how to avoid callouses on his knees.

Especially when my simple suggestion to look for security footage from nearby businesses results in a story like this.

It seems one of his clients had an odd and unexpected collision as he was riding awhile back.

The cyclist, an airline pilot, came up a hill and made right turn around a blind corner; his view of the street he was turning onto was blocked by a small business on the corner to the right until he was well into the intersection.

The moment of impact, capture by security cam.

Then out of nowhere, he was hit by a car, with no idea how the collision occurred or where the car came from.

Naturally, the driver screamed at the rider for hitting his car, even though the cyclist had made his turn on a green light and should have had the right-of-way.

So in an attempt to understand what had happened, he went back to the site of the collision later to take a look around. And just happened to notice a security camera on a building facing the intersection.

He talked to the building owner, and got a copy of the video footage for the time of his collision.

And yes, it had captured the full thing.

Car parked on the sidewalk, facing the wrong way, just prior to pulling out and hitting the cyclist.

Including the moments just prior to the collision, showing the driver illegally parked on the sidewalk — on the wrong side of the street, no less — hidden from view by the building to his right.

Yes, you read that right.

He was parked on the sidewalk, facing oncoming traffic.

And just as cyclist rounded the corner, the driver pulled out into the oncoming traffic lane, on the wrong side of the road and against the light, slamming into the bike rider with no warning.

So naturally, he insisted the rider was at fault. Despite, as Steve points out, a) illegally parking on the sidewalk, b) illegally parking facing traffic, c) illegally pulling out into the intersection against the light d) illegally entering traffic on the wrong side of the road.

But other than that, he didn’t do a damn thing wrong.

Okay, except failing to observe the right-of-way, and making sure the way was clear before pulling out.

Oh, and parking next to a fire hydrant.

At least, that’s the approach his insurance company seems to be taking, denying the claim despite the video footage proving their client was at fault.

Un-effing-believable.

I’m not always the world’s biggest fan of lawyers.

But I thank God we have people like Steven Magas, and the other bike lawyers listed over there on the right, to fight for our rights when logic and the law seem to go out the window.

……..

Don’t forget tonight’s meeting to discuss improving safety on the east end of PCH in Malibu. I’m not sure yet if my schedule will allow me to be there, but if you ride PCH — or would like to, if it was safer — this meeting matters.

And I’ve received word from Caltrans that PCH will be open to cyclists this weekend, though subject to delays, despite lane closures on Saturday and Sunday for the Nautica Malibu Triathlon.

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

The Biking Black Hole can’t get it right; no justice in Texas, and road rage is all the rage these days

September 8, 2012 / / 7 comments

A little news and a whole lot of links to wrap up the week.

………

Police in the Biking Black Hole of Beverly Hills offer safety tips for cyclists, but can’t manage to get it quite right.

Bike riders are required to ride as close to the right as practicable, not as far right as possible, as they state. There’s a big difference, which any police officer should understand.

And which is scary as hell when they don’t.

Riding as far to the right as possible puts riders in the gutter and door zones, and gives police an excuse to ticket anyone with the audacity to take the lane. Riding as far right as practicable keeps cyclists out of the way of swinging doors and broken glass, and allows them to legally ride in the center of non-sharable lanes.

Which is basically the difference between being bike friendly and observing the law, and making sure riders know they aren’t welcome in your city.

Meanwhile, the city considers adding an handful of bike racks, but banning locking bikes to virtually anything else.

In other words, once again appearing to support cycling while actively discouraging it.

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Amazingly, the Texas driver who ran down tandem cyclists Greg and Alexanda Bruehler in 2009 — resulting in the single saddest photo I’ve ever seen — has been acquitted in their deaths.

Clearly, there is no justice for cyclists in the state of Texas.

The driver was doing 79 in a 65 mph zone when he failed to see the riders wearing hi-viz vests, and drifted off the roadway onto the shoulder where they were riding. The defense won the case by arguing that anyone could have could have made the same mistake.

The scary thing is, they’re right.

Even scarier is no one really seems to care. Not even a jury.

………

There’s been a horrifying number of road rage and traffic violence stories in the news the past few days.

For instance, a Massachusetts driver punches a cyclist in the face after the rider’s bike falls over and scratches his car. Local police don’t get it when a Mass cyclist is deliberately doored. A Pittsburgh cyclist is chased up a flight of stairs, stabbed and cut from ear to ear in a brutal road rage assault. A Texas mixed martial arts fighter has been charged with the shooting death of a cyclist after they apparently argued last year; even in Texas, shooting someone because you feel disrespected is a rather extreme response. A former Florida police officer threatens two cyclists with a knife when one flips him off after he threw something at the riders. A Hamilton Ontario cyclist is beaten by a pickup driver after being yelled at, then grazed by the truck’s mirror. A road-raging Toronto cab driver faces up to five years in prison for backing into a cyclist following a dispute, causing the rider to lose a leg. A UK car passenger is sentenced to three years for jumping out of the car and beating a cyclist to a bloody pulp.

Proving it’s not just drivers, police find their suspect in a methadone clinic after a drunken Colorado cyclist pulls a knife on a driver. A Massachusetts cyclist bends a car’s antenna after an argument with a driver. A New York mob trashes a car after a collision with a cyclist during the Fashion’s Night Out celebration. A 16-year old cyclist breaks into a couple’s home after an argument over an open car door. And closer to home, the OC Weekly’s food writer gets into a little bike on bike action; thanks to David Bain for the heads-up.

So let me offer a little advice.

Having been the victim of a road rage assault, I would much rather get off my bike and let the jackass pass than have an angry, potentially violent, driver behind me.

And no matter how much you think the other party deserves it, violence is never justified — it’s far more likely to jeopardize your own life and freedom than teach the other person a damn thing.

One more bit of hard-earned advice.

Never flip off the driver behind you.

Trust me. I’ve learned the hard way that cars are bigger than me, and they hurt.

………

Some idiot jackass stole the bike Jerico Culata was riding as he lay dying on last week’s Critical Mass ride; there’s not a pit in hell deep enough for someone like that. Formerly bike-unfriendly Malibu has come a long way, now launching an interactive website to explore improving safety on PCH — for bicyclists and everyone else. The city will also be conducting public hearings on the subject the next four Thursdays. Rapper The Game comes to the rescue of a cyclist who was unresponsive after a crash with his bike on top of him — the cyclist, not The Game — no word on how the rider got that way. LADOT introduces new street signs for Bike Friendly Streets. A Sierra Madre driver sees a girl riding her bike, but steps on the gas instead of the brakes; local police say “oops.”

Bike Lawyer Bob Mionske looks at California’s recently passed three-foot passing law and CEQA exemption for bike lanes. San Clemente gets over $1 million in grants for bike and pedestrian projects. NPR looks at charges that Mitt Romney’s Bain Capital sent jobs from Santa Ana-based GT Bicycles overseas; seems like there’s some truth on both sides. San Diego plans to encourage cycling in the “fun” communities. A San Diego cyclist suffers major leg injuries in a crash with a delivery truck. A North San Diego County writer asks who owns the roads, and correctly concludes we all do. An 18-year old salmon cyclist is seriously injured in a Temecula left cross collision. A bike rider in Perris suffers major injuries in a collision with a minivan on a street that somehow seems to simultaneously run both south and west. Rancho Mirage tells cyclists to walk their bikes on the sidewalk across a bridge — even though it has a bike lane. Richard Masoner of Cyclelicious is run off the bike path by an overly aggressive rider. A Modesto cyclist is killed after both he and the driver who hit him run a four-way stop; guess which one will probably get the blame? San Francisco cyclists will get their own lane on The Embarcadero during next month’s America’s Cup races.

People for Bikes looks at biking to school. A cyclist watches an idiot bike rider from his position behind the wheel; thanks to Jerry Oser for the heads-up. Barbie rides a bike. New foldable bike helmet fits odd shaped heads. Suffering the emotional scars of urban cycling. A Portland man moves forward with a statewide initiative requiring bike license plates and licenses for bike riders. An Albuquerque court imposes the maximum sentence on a drugged driver who killed the bike riding manager of the local REI. The 13-year old Milwaukee girl who laughed about it after killing a cyclist while street racing in a stolen car has been ordered into mental health treatment; well no shit. Ohio suffers three cycling fatalities in one week. An Atlantic City cyclist is killed when he’s caught in the crossfire in a gunfight. An Alabama driver won’t be cited after colliding with a cyclist who was riding on the sidewalks illegally. Long Beach’s bicycling expats, now Portland residents, visit our buddy Zeke in North Carolina. A Florida driver with drugs in her system receives the maximum sentence for killing a cyclist — a six-month suspension of her drivers license; no wonder the Sunshine State leads the nation in bike and pedestrian deaths.

A Toronto writer is taken down by streetcar tracks while trying to maneuver around a truck blocking the right lane. A London magazine editor apologizes after writing that “the only good cyclist is a dead cyclist,” noting that he was merely being ironic with his heartfelt wishes that you and I would just die and get it over with. London considers, probably not seriously, a multi-million-pound network of elevated bikeways. UK driving instructors want bicycle awareness to be part of the driving test. Former Formula 1 driver Alex Zanardi wins gold in the Paralympic handcycle time trial 11 years after losing his legs in a horrific crash. Scottish cyclist Graeme Obree cancels his attempt at a record setting 100 mph bike ride, saying his ride isn’t ready yet. An 11-year old French boy finds a brake lever imbedded in his thigh months after a bike crash; even my stomach turned a little writing that one. One of the better Vueltas in years is slowly coming to a conclusion, as Contador holds a seemingly comfortable lead after bouncing back from a drug scandal that stripped him of his 2010 Tour de France victory; maybe current and former dopers should form their own bike racing league so they can take whatever the hell they want and not have to worry about getting caught.

Finally, a UK cyclist apparently accomplishes the rather remarkable feat of rounding a corner on the sidewalk at 20 mph; even more remarkable is the arthritic pensioner who claims he managed to stop the speeding rider merely by putting his arms out.

Superman ain’t got nothing on him.

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

Big news in the local bike world that has nothing to do with stripping a certain cyclist of his titles

August 24, 2012 / / 4 comments

For once, cycling is the top news story around the world.

But not for reasons any of us would have wanted.

So before we get to the sad tale of yet another former Tour de France winner, let’s catch up on some bicycling announcements that have made their way to my inbox over the last few days.

………

First up is what sounds like a very fun afternoon at Golden Road Brewing. And a chance to work on those 16 ounce curls in preparation for next month’s Tour de Fat.

The Pub at Golden Road Brewing is pulling out all the stops for Rider Appreciation Day on Sunday, August 26th – a finish line of sorts for their week-long celebration of the USA Pro Cycling Challenge with New Belgium Brewery. Cycling enthusiasts are invited to swing by The Pub, park their wheels at the complementary bike valet and grab a pint of Golden Road or New Belgium beer to watch the last leg of the race from 11:00am to 1:00pm. The first 100 riders to show up will receive New Belgium bike bells, and a New Belgium Fat Tire beach cruiser will be raffled off at the conclusion of the race.

Raffle tickets will be sold for $5, the proceeds of which will benefit the Bicycle Kitchen. A donation bin for spare bike parts for Bicycle Kitchen will be on site as well, with each spare part donated resulting in a free raffle ticket.

………

Culver City announces that a section of the Ballona Creek bike path will be closed for maintenance next week.

We want to advise you that the Ballona Creek Bike Path will be closed starting Monday, August 27 through Friday, August 31 from 7 AM to 4 PM between the National Boulevard and Overland Avenue entrances. During this temporary closure, maintenance will be conducted including: tree trimming, graffiti removal, concrete repair, and the addition of trail markings using thermoplastic. Signage will be posted at the Overland, Duquesne and National entrances to alert path users about this closure.

Meanwhile, the L.A. River bike path will be closed for maintenance next week as well, from PCH to Anaheim Street.

The Los Angeles County Flood Control District will be performing environmental clean-up activities adjacent to the Los Angeles River Bike Path between Pacific Coast Highway and Ocean Boulevard from August 27 to September 7.

The Bike Path from Pacific Coast Highway to Anaheim Street will be closed from approximately 8 AM to 3 PM weekdays beginning August 27 and lasting until approximately August 31.  Riders will be detoured onto San Francisco Avenue, one block east of the path.

From Anaheim Street to Ocean Boulevard there will be intermittent delays due to these activities.

For information contact Mr. Dan Sharp, Flood Maintenance Division at (562) 861-0316 or visit http://dpw.lacounty.gov/bikepathclosures/

………

Testimony in the murder trial of Anthony Ray Lopez indicates passenger Christopher Isenhower got out of the vehicle to yell at cyclist Armando Villalobos, and urged Lopez to hit him with his truck.

So why the hell isn’t Isenhower facing murder charges as well?

As I understand it, anyone who incites another person to violence shares full culpability for the crime under the law.

Unless the victim is a cyclist, evidently.

………

Almost 41-year old Jens Voight wins the fourth stage of the USA Pro Challenge in a four-hour solo breakaway. Did I mention that he rode alone for four hours — and won by three minutes? Meanwhile, cycling prodigy Taylor Phinney hangs in there, despite a painful fall in the first stage.

On the other side of the Atlantic, Joaquim Rodriguez increases his lead over Chris Froome in the Vuelta by a factor of 10, from one second to a whopping 10 — despite gaining just five seconds on the day. And no, I can’t explain that.

………

Lance Armstrong throws in the towel in the US Anti-Doping Agency witch hunt, and will be stripped of his titles; you can read his full statement here. World cycling body UCI is waiting for details before acting; it would be interesting if USADA strips Lance of his titles but they don’t. As usual, Red Kite Player nails it, while this simple chart puts it all in perspective.

Fellow ex-Tour de France doper Floyd Landis — remember him? — settles with prosecutors to avoid fraud charges for lying to all of us to raise funds for his defense.

And it’s two down, one to go, as USADA is undoubtedly preparing to go after the last remaining American Tour de France winner, accusing Greg LeMond of gaining an unfair advantage from the shotgun pellets in his ass.

Don’t get me wrong.

It’s not that I’m defending Lance. I’m just sick of the whole damn thing.

And something tells me this will cause more harm to USADA — and anti-doping efforts in general — than Lance in the long run.

………

L.A. Sheriff’s Detectives recover a stolen custom-built bike nearly three months after it was stolen, and sold to another man. USC students get portable separated bike lanes. Glendale’s Bicycle Transportation Plan goes before the city council for final approval on Tuesday. San Diego’s Union-Tribune asks if CEQA is bad for the environment; as long as environmental regulations can be used to stop bikeways, the answer is yes. A Visalia cyclist is severely injured in what appears to be a classic SWSS (single witness suicide swerve); police should be banned from considering the testimony of drivers who kill someone if they’re the only witnesses, since they have a clear motive to lie.

After Portland closes a street to save cyclists from too-frequent right hooks, a vindictive business owner responds with a state-wide ballot initiative to require licensing for cyclists because some run stops; when you can get drivers — who are already licensed — to obey the law, let me know. Cyclists have a rare opportunity to ride Colorado’s Pikes Peak on a trial basis next month; if you ride it, be on your best behavior, since we all know bikes and not cars are the real problem, right? It’s been awhile since we’ve checked in with the Springfield Cyclist, who notes bikeways sprouting up around town. A Chicago bike blogger dissects that anti-bike Chicago Tribune column I mentioned here Thursday. New Orleans police have a bike-a-day quota. Two New York cyclists chase down a strong arm thief to recover a stolen bike. Our NC buddy Zeke discusses the recent visit of Long Beach biking expats Russ and Laura.

Saskatoon police point speed guns at cyclists on a bike path in anticipation of a possible speed limit. A British police officer is found guilty of dangerous driving after rear-ending a cyclist at twice the speed limit. A UK woman is killed after falling from her bike as a bus passed; I would point the finger at a too-close pass, one more reason for a minimum three-foot passing law, which comes up for a vote in the California Assembly today. An African school principal accidently kills a cyclist; nice to know he didn’t do it on purpose.

Finally, Torrance opens a new extension to Del Amo Blvd — and bans cyclists and pedestrians in apparent violation of state law, which allows cyclists on all roads open to motor vehicles with the exception of some freeways and expressways; thanks to JG for the heads-up. 

Note to the Law Office of Daniel W. Dunbar — if you’re going to use so much of my work, it might be nice if you gave me credit. I’m just saying.

Category: Bikes & the Law, Legal Cases, Streets and Infrastructure / Tags: , , , , , , , ,

Fatal bike assault finally explained as case goes to trial; anti-bike Chicago columnist goes off deep end

August 23, 2012 / / 7 comments

The Valley News finally offers an explanation for why police believe the death of a Riverside County cyclist earlier this year was an intentional act.

Anaheim resident Anthony Ray Lopez was charged with deliberately running down and killing 68-year old Herman Armando Villalobos of Home Gardens. Now Lopez faces trial for first degree murder with great bodily injury allegations for the January 15th death; a jury was empanelled on Wednesday.

According to prosecutors, Lopez had spent the afternoon drinking with a friend while watching a football game at a Corona bar before driving home; on the way, he crossed paths with Villalobos, who was riding home after shopping with grocery bags on his handlebars.

Villalobos reportedly rode in front of Lopez, forcing him to brake sharply. After exchanging glares, Villalobos rode off, with an enraged Lopez following behind and cursing at the cyclist.

When that failed to get a response, Lopez bumped the rider’s bike; witnesses say his bike jumped but Villalobos was somehow able to maintain control. Lopez then floored his pickup and slammed into Villalobos, running him over and dragging him and his bike 30 feet before fleeing the scene.

He is currently being held jail on $1 million bond. We can only hope he’s been there since he was arrested, and will never again see the light of day.

Frankly, there’s not a pit in hell deep enough for someone who could do something like that.

………

Oh please.

In an absolutely idiotic proposal, a self-proclaimed visionary newspaper columnist proposes that a) cyclists pay tolls to use bikeways, b) stop sign cameras be installed to automatically ticket scofflaw cyclists, c) cyclists be required to pay hefty fees to use city-owned bike racks, and d) that cyclists buy a handlebar-mounted transponder that would allow them to bypass toll booths.

Brilliant.

As long as your plan is to discourage bike use, with the resulting increase in vehicular traffic, traffic congestion, more traffic collisions and a decrease in air quality, as well as a jump in obesity and other related health problems.

But other than that, his plan is pure genius.

Visionary, indeed.

And by the way, Chicago Tribune, do I really need to tell you where you can put your pay wall?

………

Century City bankruptcy attorney Stanley E. Goldich reports an all too typical interaction with an elderly driver while riding on PCH.

On PCH last week, heading South on PCH near Cross Creek a car coming from the Malibu Sea Colony street on the west merged into PCH without any regard to me – I was not going fast so it was not dangerous. He hit the light and I knocked on his window and could see it was an elderly man. I nicely said that he needed to yield to cyclists as well as cars – he responded that he would need to see the cyclist first.

………

Tom Danielson won stage three of the USA Pro Challenge in a bold breakaway, riding the last 20 miles alone after cresting Independence Pass; Christian Vande Velde and Tejay van Garderen are tied for the lead. Danielson and Vende Velde give credit to Dave Zabriskie. Italian rider Daniele Callegarin is back riding with Team Type-1 a year after suffering a serious crash when he hit a cattle guard in last year’s inaugural Pro Challenge.

Meanwhile, Simon Clarke edges Tony Martin following a long breakaway to win the fourth stage of the Vuelta; Joaquin Rodriguez holds the overall lead, with Chris Froome second.

And CNN offers a recap of the witch hunt case against Lance Armstrong.

………

September’s LACBC Sunday Funday ride will be the group’s first Sunday FunGay ride. Flying Pigeon urges cyclists to give their tires a little love. Long Beach votes to establish a $12 million bike share program with Bike Nation; combined with the Anaheim and upcoming L.A. programs, we could be on the verge of a pan-SoCal bike share network. Solana Beach residents and visitors are urged to leave their cars at home this Saturday. A 16-year old San Diego cyclist is injured in a hit-and-run; his brother reports hearing the truck rev its engine just before the collision. Local bike advocates look at what it will take to make Sacramento even more bike friendly. The 81-year old road raging driver who ran down a cyclist on a Santa Rosa golf course is out on bail, and people who’ve encountered him say he has a hair-trigger temper; anyone want to bet he gets rearrested before his case even goes to court? The Santa Rosa paper calls on drivers to share the road. A helmetless Santa Rosa cyclist pulls an endo trying to avoid a head-on collision; thanks to Witch on a Bicycle for the link. Tahoe police throw the book at a hit-and-run driver who critically injured a cyclist before fleeing the scene, leading them on a dangerous chase and crashing her car.

Safer cars may mean reduced safety for cyclists and pedestrians. Oregon police try to circumvent state law in order to ticket cyclists for leaving bike lanes. An OR woman seeks the hit-and-run driver who killed her bike-riding friend. A Colorado woman is charged with DUI, hit-and-run and other crimes when she turns herself in after seriously injuring a cyclist. Now that’s what I call a good looking Denver off road bikeway. A Pueblo CO girl is impaled on the gooseneck of her handlebars; for something described as a freak accident, this sort of thing seems to happen far too often. A Missoula MT detective commandeers a bike to capture a fleeing suspect; the Sheriff’s department paid to repair “significant” damages to the bike. A Wisconsin Catholic priest is killed while riding his bike. Chicago cyclists will soon enjoy a protected bike lane and special bike red lights on the city’s famed Loop. An Ohio man credited with developing the bike helmet mirror has passed away. A recumbent racer bounces back from a near-death infection to set a world record. After a Rochester NY BMX rider is hit by a car, police ticket him for riding on the sidewalk. A Kentucky cyclist suffers repeated attacks from an aggressive owl. A North Carolina cyclist captures the national crit championship in the 75 and older group. If you’re fleeing by bike after stealing a TV, keep your eyes on the road so you don’t crash into a police car.

Yesterday, a protected bike lane made of red Solo cups; today, a bike lane made from garbage — and both work. Popular UK bike website Bikeradar.com pulls support for an insurance company-backed plan that would require cyclists to pass a proficiency test before being allowed on the roads. The rich get richer: Dutch cyclists get a floating bike roundabout to avoid a busy intersection. In the wake of a recent cycling death, Singapore officials warn cyclists to be careful on the roads, rather than urging drivers not to kill them; drivers say it’s not their fault, while a cyclist(?) says we don’t belong on roads with speed limits over 31 mph. Vietnam turns back to bikes.

Finally, after she’s stuck in traffic, a Baton Rouge surgeon borrows a child’s bike to ride to a scheduled operation. A Russian cyclist rides the world’s smallest bike. And a Florida cyclist can’t stay off — or on — his, after police warn him not to ride while drunk.

Category: Bikes & the Law, Legal Cases / Tags: , , , , , , , ,

Urgent action needed on Expo bikeway and Beverly Hills; more breaking news on the legal front

August 20, 2012 / / 6 comments

Big news on the legal front to start your week.

Along with a call for urgent action on the Expo Bikeway, and to fight hit-and-run in the seemingly heartless biking black hole of Beverly Hills.

As well as your chance to be an ambassador for bicycling in your own neighborhood.

………

Let’s start with the long-awaited Expo Line bikeway, which appears to be rapidly turning into a train wreck for Westside cyclists.

Expo Bicycle Advisory Committee member Damien Newton offers a detailed background on just how and why the plan is riding off the rails. It’s a must read for anyone who cares about the safety of cyclists on our streets.

Which is where cyclists will end up when the planned bikeway forces them onto dangerous crossings. Or when they avoid the bikeway entirely because they feel safer on busy high-speed streets than on a badly designed, rushed and corner-cutting bikeway.

Fortunately, you still have a chance to put your foot down and demand the Expo Line Authority start listening to the BAC they appointed, rather dictating bad design from above.

The LACBC is calling for concerned cyclists — and yes, you should be very concerned — to attend the next Expo BAC meeting at 8 am tomorrow at the Skanska-Rados Joint Venture Field Office, on the 3rd floor at 11390 W. Olympic Blvd.

If you can’t make it, they — and I — urge you to email the list of Expo Directors on their website today to demand a safer bikeway from Downtown to Santa Monica. They also provide a sample email you can use as a template.

It will only take you a few minutes to write and send an email.

And the bikeway you save could be your own.

………

Meanwhile, Don Ward, aka Roadblock, calls on cyclists to attend the next Beverly Hills City Council session on Thursday to demand an end to their local — and hopefully unofficial —policy of letting hit-and-run drivers off the hook without even the slap on the wrist they get in most jurisdictions.

Ward points out a recent case in which a cyclist was severely injured, and the driver actually came forward to confess. Yet the case was so badly bungled by local authorities that no charges were ever filed.

According to Beverly Hills PD a break came the next day when the alleged driver, Victoria Chin, phoned in to confess her crime. Detectives arranged for her to turn herself in that day. They requested she bring the car in as well. This is where things apparently got complicated for the Beverly Hills Detectives. After flaking on her first appointment, Chin showed up the following day along with a lawyer but without her car. Beverly Hills Detectives acknowledge that they failed to process her confession and they sent her home without booking or arresting her.

Months later, citing issues not fully understood, the case was declined by District Attorney Steven Katz. Katz claims that since there was no car in custody, and the woman confessed on the phone and not in person, there was not enough evidence to move forward with a case. Questions arise of whether this is an isolated incident or part of a larger pattern of Beverly Hills apathy towards cyclists… Paul was not the first hit and run victim in recent memory to be denied justice by the city.

………

Brett Morin, the other driver charged in the road racing death of pro cyclist Jorge Alvarado, has accepted a peal deal. He’s scheduled for sentencing on October 3rd; considering the gift of a sentence given the driver who actually killed Alvarado, don’t expect more than a slightly harsh caress of the wrist.

………

Our anonymous Orange County source reports that we finally have convictions in the case of two allegedly drunk Huntington Beach speed racers who flew off the road, critically injuring a cyclist riding on the beachfront bike path.

Yes, even separated bikeways aren’t safe from speed-crazed Southern California drivers.

And yes, both have once again gotten off with a relative slap on the wrist — even if one appears to be a tough sentence for that particular judge.

Which says far more about our SoCal court system than we should be willing to tolerate.

Glenn Michael Moore & Michael Dennis Roach are the scumbags who were skunk drunk at half past eight on a Sunday morning and racing each other down PCH (can’t be late for church!!!) when they clipped each other.  Both speeding vehicles flew down an embankment.  Moore’s car slammed into Richard Lauwers as he rode his bike on the completely segregated beach bike path.  The next speeding vehicle on PCH was the responding ambulance.

Lauwers was having a nice quiet ride after a leisurely weekend breakfast at our famous Sugar Shack.  He would’ve been home in another twenty minutes.  Instead he ended up in the ICU, where he spent six days.

On Wednesday, Moore pleaded guilty to all counts against him.  He was sentenced to fines & restitution, one year in jail (stayed), three years of formal probation, and a  “First Offender Alcohol Program.”  Oh, and his license was suspended for a year.  I can’t figure this one out, because I’m working with insufficient data here.  IF Moore was before Judge Adams, who generally presides over that particular courtroom and is lenient, AND had a good lawyer (and by all accounts his lawyer is very good), AND he doesn’t have an extensive rap sheet (he’s pretty clean in OC at least), then this is a surprisingly tough sentence.  It’s still insufficient, but it’s certainly on par for Judge Adams and our overtaxed justice system in general.

Meanwhile, Michael Dennis Roach appears to have three separate sentences for the single count of engaging in a speed contest with injuries to another: two sentences for 90 days in jail, and a third for 90 days of service in lieu thereof.  Also, three years of formal probation as well.  Dunno what this is about, but there’ll be further proceedings on the 28th. Also, the OCDA unearthed a DUI with property damage that Roach had committed in November 2001 (while driving on a suspended license, but never mind that); a second DUI within 10 years could have resulted in a stiffer sentence, but oddly, his DUI charge and its enhancement were dismissed.

Did I ever mention that I have a real problem with drivers who put everyone else at risk because they can’t keep their damn feet off the accelerator — let alone get behind the wheel when they’re drunk or stoned?

The good news is that Lauwers is okay, and back on his bike.

………

The LACBC is offering a way to become more active as a bicycling advocate in your own neighborhood. And make a real difference where you live and ride.

The new Neighborhood Bike Ambassador program is designed to empower you to influence the implementation of the L.A. bike plan, as well as programs developed by the LACBC.

The first kick-off meeting takes place tonight in the Valley, followed by four others throughout the L.A. area over the next 10 days. The meetings — and the program itself — are open to everyone; you can sign up to be a Bike Ambassador here.

………

Finally, a few other brief notes from the world of bicycling.

In a truly shocking case, a Santa Rosa driver takes his road rage off road, chasing a cyclist 100 yards onto a golf course before running him down with his car. The good news is, an arrest has been made; the bad news is, the 81-year old driver has done it at least twice before. And was still allowed to drive.

Thanks to Emily C for the heads-up.

………

The schmuck who kidnapped and murdered Louisiana cyclist Mickey Shunick pleads guilty to first degree murder in her death, as well as that of another woman. Hopefully they’ll shove him so deep into the living hell that is Louisiana’s Angola Prison that he’ll never see the light of day again.

………

Police may have solved the recent rash of Calnago thefts. The Orange County Bicycle Coalition reports hat two stolen Calnagos have been recovered when they were abondoned by the thieves outside an OC Dennys, and a third was recovered in a West Hollywood pawn shop through stolenbikeregistry.com.

No word yet on arrests in the case.

The L.A. Times offers a nice profile of Cypress Park’s Flying Pigeon bike shop and the eponymous Chinese bikes they love and sell.

………

And a PA cyclist moons a couple in a passing car, then threatens them with his bike seat before crashing into a police cruiser.

Seriously, you can’t make this stuff up.

Category: Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities, Law Enforcement, Legal Cases, Streets and Infrastructure / Tags: , , , , , , , , , , ,

Failed justice — alleged street racing killer of pro cyclist Jorge Alvarado gets off with just 90 days in jail

August 10, 2012 / / 40 comments

Pro cyclist Jorge Alvarado, a victim of our streets. And our legal system.

Sorry Jorge.

America let you down.

Or more precisely, San Bernardino County let you down, along with a court system that inexplicably denied you the justice you deserved.

You came to this country to live out your dream of becoming a professional cyclist. We sent you back in a coffin, the victim of two then-high school students who couldn’t manage to keep their feet off the gas pedal.

And then let the driver who killed you off with the barest slap on the wrist, as if your all-to-brief life had no meaning or value.

Less time than he might have gotten for killing a dog, in fact.

A lot less.

It was over two years ago, in April, 2010, that you were riding on Greenspot Road in Highland, just north of San Bernardino, training for your new role as a rider for the Bahati Foundation Pro Cycling Team, founded by Compton’s own former national crit champion Raahsaan Bahati.

It was your big break.

A chance to prove yourself as a rising rider on a new pro team with a then-promising future.

You had no way of knowing, as you rode along that country road, that your dream would end at age 27, in the field on your right.

Maybe you reacted to those cars zooming towards you. driving far too fast. You probably saw one try to pass the other at around 80 mph, and watched in horror as the other driver cut hard to the left to keep him from passing. That sent the first car, driven by Patrick Roraff, back to the right, where he hit the shoulder and lost control, skidding across the road directly into you.

You probably hit your brakes and tried to swerve.

But it was too late.

At that speed, nothing you did or might have done would have made any difference.

I wonder if you muttered an obscenity as you saw the situation unfold. Or did you whisper one last prayer, or the name of a loved one just before the out-of-control car barreled into you, slamming you into the bushes on your right?

Were you aware of what was happening? Did you know you were dying there alone on the side of the road, thousands of miles from the people you loved?

Or did you slip mercifully into oblivion, a loss of consciousness masking the pain from your broken body?

The young men who took your life were arrested, and eventually, charged with your murder.

But that’s where the wheels of justice seemed to slowly slip off the tracks.

The long wait for charges to be filed combined with endless legal delays to push any promise of justice back time and again.

Meanwhile, Roraff and co-defendant Brett Michael Morin, who was driving the other car, were able to graduate from Redlands East Valley High School. And even with a pending homicide charge, Roraff remained the star of his high school soccer team, and went on to play soccer at the University of Redlands. Perhaps foreshadowing the leniency to come, the judge even gave permission for him to travel to Texas with his team.

God forbid that killing another person should be enough to negatively impact someone’s athletic career.

Even though yours ended that day at Roraff’s hands.

To be fair, he did say he was sorry.

It looked, ever so briefly, like you were going to get the justice you deserved when Patrick Roraff finally changed his plea to guilty. Given the seriousness of the charges — felony vehicular homicide with gross negligence and a serious felon enhancement — he should have faced serious prison time.

But he doesn’t.

Instead, the judge imposed a sentence that is far closer to a pat on the back than a slap on the wrist.

Roraff was sentenced on Monday to just 90 days in jail, with three years probation, along with community service.

Ninety lousy days. And probably a lot less than that, given this state’s over-crowded jails.

That’s less that three months for what was initially described as an illegal street race  — a felony in the state of California, by the way, for which neither driver was charged — resulting in a man’s death.

And let’s be clear. This was not an accident.

Your death was the entirely foreseeable consequence of a conscious decision to use two potentially deadly motor vehicles as oversized Hot Wheels toys.

You were just collateral damage.

The court used this case to send a message — that killing another human being while recklessly endangering the public is no big deal.

So go ahead and do whatever the hell you want on the roads, because there won’t be any serious consequences.

Especially if you have athletic skills, evidently.

They might as well have thrown Roraff a party for decreasing the excess cyclist population in the county.

It matters.

Not just because you were denied the justice you so richly deserved. But because cyclists are vulnerable on the streets, subject to the whims and careless actions of those with whom we share them.

It’s the protection we receive from the police and courts — or don’t — that dictates whether those streets will be survivable. And on that count, this court failed us miserably, putting every cyclist at greater risk.

Maybe Roraff is deserving of a second chance. But by failing to give him the sort of sentence his crime called for, the legal system missed an opportunity to show things like this can’t, and won’t, be tolerated.

And making it that much more likely that it will happen again.

There’s no word on when Roraff will begin his sentence.

It’s possible that his jail time may be delayed so he can compete again this season. If not, he’ll do his time, and be free to play again; maybe even transferring to a larger school now that this is no longer hanging over his head.

Why he received this gift from the court, I have no idea. I could speculate, but it would be nothing but a guess.

And not a pretty one, at that.

The sudden guilty plea suggests that this may have been a plea bargain. If so, I would question whether any District Attorney who signed off on a deal like this is fit to remain in office.

If not, I hope local voters will keep this case in mind when the judge comes up for reelection.

And why Roraff’s co-defendant continues to fight his charges when he could get a sweet deal like this is beyond me.

Maybe he’s not a star athlete.

To say I’m disgusted is to put it mildly.

I’m sorry, Jorge Alvarado.

We failed you.

You deserved better. You deserved justice.

But like far too many people who needlessly die while riding a bike, you’re not going to get it.

And absolutely nothing about this case will keep it from happening again.

……..

Update: Cyclist/attorney Dj Wheels fills in some of the blanks in this case.

According to information on the website for the San Bernardino County Superior Court, the sentence was imposed by judge William Jefferson Powell, who was appointed to the court by former Governor Arnold Schwarzenegger in 2006.

Roraff was sentenced to 90 days in county jail, and taken into custody immediately after the hearing. Which means he should be back on the streets by early November at the latest, followed by three years of supervised probation; the judge also ordered his license revoked for a period to be determined by the DMV. 

And Roraff was ordered to perform 100 hours of community service, half of which must involve discussion of the dangers of reckless driving. 

The terms of his probation also prohibit the possession of deadly weapons; in his case, maybe that should include motor vehicles.

Category: Bikes & the Law, Legal Cases / Tags: , , , , , , , ,

Justice denied in Orange County, Lippman ghost bike removed, and Christine Dahab misses her court date

August 3, 2012 / / 10 comments

Long Beach filmmaker Danny Gamboa forwards word that justice has been delayed — if not denied — in the case of Duane Parkison, the San Bernardino detective killed in a hit-from-behind collision while riding in Irvine last year.

A Facebook page demanding justice for Parkison notes that the OC DA’s office has indicated they won’t be filing charges, and implies the driver may be receiving some sort of favorable treatment.

Today I got a call from Mike Lubinski at the OC DA’s office. He is possibly releasing a statement to the press and public as to why they did not file charges and asked if I would like it sent to me. I told him I asked for an official reason two months ago and was told by Tom Glazier that the woman did everything she could to avoid the accident. I told him for this reason I do not trust the DA anyway and do not care to read the statement. I mentioned the “lunch” numerous times and asked if the statement brings up the lunch and he said it does not and did not comment further. So, if anyone wants to read the statement they can request it, and when we put up the website with the police report everyone will be able to draw their own conclusions. As for the “lunch”, stay tuned, we are working on getting answers for that.

It goes on to explain the lunch reference, and notes that the Irvine police have recommended charges.

In my opinion, there have been strange twists in the investigation of this. The Irvine Police Dept. found her at fault for two vehicle violations and recommended a charge of Misdemeanor Vehicular Manslaughter but the OC DA will not file charges. In her transcribed statement to the Irvine PD the driver says she had “lunch with the Deputy Sheriff of San Bernardino County”… “something Hoops?” and she goes on to say “he took my husband and I to lunch and was very kind”. Duane was on vacation and this did not occur in the jurisdiction of San Bernardino County so why would anyone have “lunch” with the driver? The family would like to see this “lunch” investigated. For more information, please come to the “Justice for Duane Parkison” facebook page.

It does raise questions as to why the DA is apparently ignoring the recommendations of the Irvine police in this case.

Call me crazy, but I thought it was up to a judge and jury to decide whether she actually did everything she could to avoid the collision.

………

An anonymous reader sends word that the ghost bike installed for fallen cyclist Roger Lippman has already been removed — evidently by the heartless folks at Caltrans, who don’t seem to want any reminders of how dangerous their roadways really are.

Roger Lippman’s ghost bike is gone.  It was there yesterday, but gone this morning.  The fake purple flowers I had woven into the post it was chained to were left lying on the sand.

I specifically chose purple after a quote from the book The Color Purple.  According to the character Celie, the Lord knows purple is pretty and that’s exactly why he puts so little of it in the world. He’s “just wanting to share a good thing.  I think it pisses God off when you walk by the color purple in a field and don’t notice it.” Well, imagine how pissed He is whenever some idiot fails to notice His master work, which He created in his own image, just because a goddam text or “one for the road” is so much more important.  I kind of imagine that the Joel Alexander Murphys of the world will be bitchslapped straight out through the back wall of the universe if they hop on the “up” elevator by mistake.

………

Dj Wheels offers a couple of legal updates.

First up is the news that a bench warrant has been put on hold for Christine Dahab after she failed to appear for a scheduled court date. Dahab is the driver charged with felony DUI and DWI after plowing into a group of late night riders in Culver City last year, injuring 13 riders; an LAPD officer investigating the case suggested that the collision was the riders fault for evidently staging a drunken orgy in the street.

Wheels speculates that her failure to appear may be related to Dahab’s pregnancy; if she doesn’t appear by August 16th, a warrant for her arrest will be issued.

Meanwhile, road raging Angeles Crest driver Earl Cox is going to trial as we speak.

………

LAPD reminds everyone to be on the lookout for the driver who killed Paul Albert Helfen in an early morning Nordhoff Street hit-and-run on June 22nd. And notes there’s a $50,000 reward for information.

If you don’t want to get involved, send the information to me. I’d love to get this SOB off the streets.

And I could use the money.

………

Great Streetsblog profile of the cycling group Cast a Shadow, riding next week to raise funds for clean water in Africa.

………

LACBC’s former award-winning City of Lights program is transforming into a new organization to be called Multicultural Communities for Mobility. KPCC offers a great report on last weekend’s Wolfpack Hustle midnight singlespeed drag race;, while a rider captures a helmet cam view. Santa Monica bike advocates and staffers question funding for the city’s ambitious bike action plan. After losing his father to the disease, an Israeli man rides from Malibu to NYC to fight cancer. A Long Beach cyclist pedals his bike across the country in 46 days, and chronicles his story in an e-book.

Corona cyclists won’t see sharrows on the coast highway until fall. A Newport Beach rider writes about where it all went wrong in the first part of a first-person story. Bike SD reports that a San Diego cyclist is on life support following a June hit-and-run. San Diego is joining the rest of the civilized world in scrapping its bike licensing program. An Ocean Beach writer says if you’re going to ride, follow the rules. A tax on sugar could have unintended consequences for cyclists who use sports drinks, bars and gels. A Santa Cruz writer says parents should set an example for their kids by wearing a helmet. Lodi cyclists will soon get new artistic bike racks. The 18-month old Fresno girl critically injured in the drunken crosswalk collision that killed her 7-year old sister and injured their father has come out of a medically-induced coma; the driver had a .11 BAC. A Modesto teacher is killed in a left cross while riding in Santa Cruz at around 40 mph, after the driver says he never saw him; thanks to Brian Skaggs and Don Blount for the heads-up. Campbell CA cyclists are reeling from two bicycling fatalities in just 30 hours. Bad roads will continue to contribute to collisions for cyclists, and everyone else on them, according to a Bay Area report. A Bay to L.A. bike tour will take place this month to support Prop 37, requiring the labeling of genetically modified organisms.

Crashing and the five stages of grief. A Seattle cyclist steals his bike back a year after it was stolen, no thanks to the police. Minnesota attempts to ease cycling with a new mobile app. A 90-year old WI driver faces charges after running down a cyclist while mistakenly driving on a separated bike path. A New York cyclist builds his own protected bike lane to keep cops from double parking in it. Nine New York cyclists share their favorite rides in the city. The New York Post rabidly says pull the plug as NYC’s bike share hits a minor speed bump. Once again, a NY cyclist is critically injured, but it’s nobody’s fault. Charlotte’s new bike share system will be a legacy of the Democratic National Convention. A Michigan cyclist on a cross-country tour is killed by semi-truck in Georgia. A Florida rider is found guilty of illegally leaving a bike lane — with about 30 other riders — despite the testimony of the rider they were passing, because the judge believed the blind man officer who didn’t see the rider they were passing.

Montreal police are investigating whether a driver intentionally ran down a cyclist after yelling at him to use the bike path. A UK driver is convicted of killing a bike riding father of three while showing off for a woman; it was his second hit-and-run in six years. Motherhood and Olympic cycling medals do mix after all. American cycling scion Taylor Phinney firmly establishes himself as the fourth best cyclist in the Games, after finishing just off the podium in both the road race and the time trial. Gold medalist and Tour de France winner Bradley Wiggins backs mandatory helmet laws  — or maybe not — after a cyclist is run over by a bus, even though a helmet would not have helped in the slightest in this case. The London Times offers an even-handed look at the debate. The London Telegraph says the time for talking has stopped and it’s time to actually do something about bike safety. Scottish traffic cameras cut accident and injury rates. Funding bike advocacy could help the bike industry sell 30 million more bikes. An Aussie cyclist crashes because his coffee was too hot. Brisbane police are on the lookout for a spitting cyclist.

Finally, once again, Bikeyface nails it. And are you a velocapitalist?

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