Archive for Legal Cases

Mostly final Dr. Thompson appeal denied, PVE to review crippling speed bumps, bike rage around the world

July 24, 2012 / / 9 comments

Somehow, we missed the apparent final resolution of the infamous Mandeville Canyon brake check case.

Ohio Bike Lawyer Steve Magos forwards word that the state Supreme Court refused to hear Dr. Christopher Thompson’s appeal of his conviction.

The appeal was denied November 2nd, which means the case is finally, completely and hopefully, irrevocably over, and his conviction stands.

Unless he appeals in Federal Court.

Of course, he’s already served over two-and-a-half years of his five-year sentence. Which means he could be back on the streets soon.

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Palos Verdes Estates will hold a meeting to review the speed cushions on Via del Monte that nearly killed cyclist Richard Schlickman.

Seriously.

Shouldn’t that be all the discussion they need?

Or are they trying to take out a few more of us while they’re at it?

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As if road raging drivers weren’t bad enough, now we have to worry about armed bike riders.

An Oceanside bike rage incident leads to a standoff with police after a cyclist fires a rifle round into the ground during an argument with another rider. Meanwhile, a Michigan bike rider — who, at 69, should have known better — pulls a knife in a dispute with another much younger cyclist.

In a more traditional approach to roadway violence, a bike raging Brit cyclist punches a BMW driver; not that I haven’t wanted to on occasion, but please.

Maybe it’s something in the air.

And the Kiwi mountain biker who was caught on video assaulting another rider gets a whopping $750 fine.

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Erin Galligan ghost bike; photo courtesy of George Wolfberg

Bicycle Fixation offers a Flickr set of bicycling photos. LADOT takes credit for installing over 4,600 bike racks throughout the city, and offers an update on the BPIT meeting held earlier this month. Santa Monica plans to sign a contract with L.A. cycling’s favorite planning firm to make Safe Routes to Schools improvements around SaMo High. A memorial ride was held Monday for Erin Galligan, the Venice waitress killed in a still unsolved Santa Monica hit and run earlier this month. Culver City gets its first bike corral in front of my favorite coffee shop. The new bicycling postage stamps are available now. Now that’s a bike. Pasadena cyclists enjoy the city’s first Gran Fondo. New buffered bike lanes in Old Town San Diego. Cycling Unbound says once we reduce roadway deaths down to a dozen or so, then we can focus on those evil scofflaw cyclists. A Santa Rosa cyclist is injured trying to avoid an apparent dooring; a perfect example of why drivers should always give cyclists at least three feet passing distance. Sometimes it seems like cyclists get blamed for everything; now a driver claims one of us was the reason he drove his SUV into a Watsonville home. Seriously, if you’re too drunk to stay on your bike, don’t ride it.

If you think bike helmets look bad, take a look at how they looked in 1948. In celebrity bike news, Jessica Alba is helping to raise a new generation of cyclists, while Billy Elliot star Jamie Bell performs an emergency seat adjustment for biking girlfriend Evan Rachel Wood. Just two days after the Batman massacre, a Denver cyclist is killed in a more traditional crime. Even the ski resort town of Aspen CO may get bike lanes. In a truly bizarre letter, an Aspen writer says that, despite claiming to have founded the Red Zinger Bicycle Classic — no doubt to the surprise of those who usually get credit for it — he is now the sworn nemesis of reckless riders. Mountain bikers could get more access to national parks. RAGBRI riders suffer from extreme heat. An elite Massachusetts cyclist is seriously injured after colliding with a truck during a Maine time trial. New York cyclists can now attend bike classes in lieu of traffic fines; maybe some day we’ll have something like this here. Bike share will come to Forth Worth by next spring. Texas-based Witch on a Bicycle offers some intriguing ideas on how to reform drivers license laws. The family of a missing Louisiana cyclist hope she’s still alive, even though a convicted sex offender has been indicted for her death and that of another woman. A Florida cyclist is singled out for wearing purple, and ticketed for — legally — leaving a bike lane; apparently, Barney Fife is alive and well and working in Florida.

A Montreal cyclist is killed in a right hook when the bike path he was on crossed a roadway; police note he had the right-of-way. CLR Effect recaps the just completed le Tour. Bradley Wiggins, Tour de France champ and fashion icon — or should we say Sir Bradley? — is the abandoned son of a drunken former pro rider. Looks like Wiggins won more than just a trophy Sunday, but will his victory lead to safer streets for UK cyclists? Seventeen-year pro George Hincapie rides his last tour. How Brit cyclists conquered the world; thanks to George Wolfberg for the heads-up. The rich get richer as Denmark cyclists get a bicycle superhighway.

Finally, looks like I got mine just in time as bike cams hit the big time, with the New York Times suggesting they’re the new black boxes for cyclists, and a new rearview cam saves the last five minutes of video in case you get hit; thanks again to George Wolfberg for the black box link, who notes that such devices can cut both ways.

And a New Zealand cyclist says a helmet cam actually makes drivers slow down.

Category: Bikes & the Law, Dr. Christopher Thompson, Legal Cases, Streets and Infrastructure, Violence & Crime / Tags: , , , , , ,

A heartwarming story to end your week, a bunch of legal updates and week’s worth of links

July 14, 2012 / / 4 comments

Now that there’s finally a lull in this week’s rash of bad news, let’s catch up on all the news that’s been on hold this week.

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First off, maybe you remember the story.

It was about a year and a half back, when I told the tale of a hero bus rider who jumped off his Commuter Express bus after a long day at the DWP to stop a bike thief, and rescue the prized ride of a total stranger.

It’s one of my favorite stories I’ve told on here, second only, perhaps, to a pair of female triathletes who saved two men from drowning off the Malibu coast.

And I was there last year when Good Samaritan Hospital, where the owner of the bike, Dan McLaughlin, serves as a vice president, honored him at the annual Blessing of the Bicycles.

But after that, I lost track of the story until L.A. Times writer Nita Lelyveld gave me a call a few weeks back.

What I didn’t know was that the story didn’t end that day when McLaughlin handed his bike’s rescuer a plaque in front of a group of gathered cyclists. They had become friends, bonding over bikes, and Bolivar and his wife had even taken to riding a tandem together.

It’s a beautiful story. And one that Nita tells beautifully.

It’s definitely a must read, if you haven’t already.

………

My apologies to Shane Feldon.

I had promised to write this week about a new light system currently looking for funding on Kickstarter. Unlike other bike lights, it doesn’t just attach to your handlebars, but actually is a structural part of your bike.

So it’s always there when you need it, and you never have to worry about forgetting it or having it stolen.

Unless they take your whole bike, of course.

Sadly, there’s only a few hours left to get funded, and it looks like it’s going to end up well short. But if you’ve got some money to invest — or happen to own a bike company — this looks like a great idea with a lot of potential.

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Nineteen-year old Korean college student Jin Hyuk Byun has pleaded not guilty to a single charge of hit-and-run causing death for allegedly killing 18-year old Angel Bojorquez as he rode home from work in Rancho Santa Fe last Friday.

The judge recognized the risk Byun posed, calling him “an extreme danger to the community,” as he raised Byun’s bail from $50,000 to $1 million, according to the North County Times.

The NC Times also reports that Byun allegedly stopped after killing Bojorquez — not to render aid or call for help, but to push a broken headlight assembly back into place and strip the torn rubber from his tire before driving home on the bare rim.

Remarkably, he faces a maximum of just four years in prison for leaving another human being to die on the side of the road.

Surely there are other charges the DA can file.

Vehicular homicide might be a good start.

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In other legal news, the Highland Community News confirms that Patrick Roraff has entered a guilty plea in the 2010 death of pro cyclist Jorge Alvarado, as we discussed Monday; co-defendant Brett Morin is still pleading not guilty.

Dj Wheels reports that Phillip Goldburn Williams, charged with vehicular manslaughter in the July, 2010 death of cyclist Victor Apaseo-Rodriguez in Downtown L.A., has been convicted after changing his plea to no contest.

And walked away with a slightly bruised wrist.

Williams received a three years of probation, $194 in fees, 20 days of Caltrans road work, and 160 hours of community service. Oh, and a whopping 12 hours of anger management; we can only wonder what that’s about.

Meanwhile, his victim received a death sentence, carried out on the bumper of Williams’ Chevy Avalanche.

Wheels also reports that a preliminary hearing took place this week for a very pregnant Christine Dahab, charged with felony counts of driving under the influence causing injury and driving with a blood alcohol count over .08, after injuring 13 cyclists in Culver City in June of last year.

And our anonymous South Bay source reports that Joel Alexander Murphy has pleaded not guilty in the hit-and-run death of cyclist Roger Lippman in Huntington Beach last month, as well as for violating his formal parole on drug charges.

I’m also told that both the D.A.’s office and Mothers Against Drunk Driving have been trying to reach out to Lippman’s family and friends to aid in the prosecution and prepare Victim Impact Statements to present to the judge to influence sentencing.

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In racing news, David Millar wins stage 12 of the Tour de France, seven years about coming back from a doping ban, in what’s turning into a British dominated race. Cadel Evans cracks in stage 11, while Wiggins tightens his grasp on the lead, and Thomas Voeckler won the first mountain stage of the Tour de France.

Bicycling offers an update on the eight Americans who started this year’s Tour; it ain’t pretty. Meanwhile, young riders Chris Froome and Tejay Van Garderen learn the hard way what it means to be a domestique.

Not content to go after Lance, the U.S. Anti-Doping Agency bans his doctors and former trainer, while Armstrong refiles his lawsuit against USADA, and a U.S. representative calls for an investigation into the USADA for wasting time investigating Armstrong. And current former TdF champ Alberto Contador plans to return from his doping ban next month.

It’s been 45 years since British rider Tommy Simpson died in the Tour de France, the first, but sadly not only, fatality in its 109 year history.

The route for the fourth stage of August’s badly named USA Pro Cycling Challenge is in danger, as a giant sinkhole threatens to swallow the roadway.

In local racing, the Easy Reader offers a good wrap up of last weekend’s Manhattan Beach Grand Prix, as Ken Hanson and Shelby Reynolds take the top men’s and women’s categories, respectively.

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A new date — and new routes — have been announced for this fall’s CicLAvia, in order to make room for the space shuttle. Here’s your chance to ask CicLAvia’s Stephen Villavaso about the changes. L.A. Mayor Antonio Villaraigosa offers up a video explaining how CicLAvia is transforming our streets, while Better Bike provides a detailed look at the new areas you’ll experience.

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Bill Cosby narrates a 1970s-era public service video about bi-cycling, as he calls it; who knew Santa Ana used to be bike friendly?

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A reader sends in this photo of an angry Santa Monica bus driver cursing him out after he asked the driver to be more careful. He notes that Big Blue Bus officials were very helpful in handling his complaint, and that simply taking a photo is often the best thing you can do when confronted with a traffic altercation.

I’ve long been a believer in pulling out a camera when confronted with angry driver.

Especially ones that may have been otherwise distracted.

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The monthly Spoke(n) Art ride rolls tomorrow. CD13 City Council candidate Josh Post is hosting a two hour fun ride along the L.A. River bike path on July 22nd to share his vision for a bike-friendly L.A. and revitalization of the L.A. River. If you’re in the market for a new job, Bikes and Hikes LA is looking for in-shape, bilingual tour guides. LADOT will be testing new treatments Sunday for the badly worn Spring Street green bike lanes. BIKAS offers a better than passing grade for L.A.’s new bikeway efforts. Will Campbell creates another great timelapse through Griffith Park. Santa Monica moves forward with their own 13 station bike share program, which may or may not be compatible with the upcoming L.A. bike share; Better Bike asks what role, if any, the Westside Council of Governments will play on the region’s expanding bike share plans. Glendale gives up on the Honolulu Ave road diet, as auto-centric council member Dan Weaver observes that the city’s streets were designed for automobiles, not bicycles; thanks to Michael Wade for the heads-up. The route has been set for Pasadena’s inaugural Gran Fondo. A ghost bike was installed Friday for Larry Schellhase, the cyclist killed when he hit road debris in Redondo Beach last April.

Newport Beach votes on placing sharrows on the East Coast Highway; word from cdmCyclist’s Frank Peters is that they were approved. San Diego cyclists are understandably upset after Caltrans decides to remove a ghost bike for fallen rider Nick Venuto, but manage to save another for Chuck Gilbreth; they’ll also host a ride to honor fallen cyclists Theodore Jones and Angel Bojorquez on July 25th. San Diego hires Safe Moves to provide bike and pedestrian safety training to students. A local resident asks why Coronado isn’t bike friendly. Sharrows are coming to Highway 101 in Solano Beach. The Bert and Ernie approach to sharing the road. Be careful biking with your dog running alongside; or better yet, just don’t. Security video catches a Solvang burglar breaking in to a bike shop and running out with two bikes. Palo Alto moves forward with a new bike plan. Good news, as the Modesto girl seriously injured when she stepped in front of an antique car to save her bike riding brother returns home from the hospital. Cyclists are gaining political influence in the Bay Area, though not everyone is happy with it. A not guilty plea from the driver accused of critically injuring New Zealand pro cyclist Michael Torckler in a Sonoma County hit and run.

The Bike League looks at our own Dorothy Wong. States can’t wait to spend former bike funding on other projects. New pedals double as bike locks. A Portland study shows bicyclists spend more at local business. Clif Bar celebrates its 20th Anniversary by giving Public bikes to their employees. According to a Denver paper, either cruiser bikes rule, or they’re ruining cycling for the rest of us. A micro brewery in my home town converts its parking lot into secure bike parking. Survivors of the devastating Colorado fires say their lives would be better if they could just get rid of those damn bikes. Aspen CO cyclist can now expect to get a warning instead of a ticket. A North Dakota’s Supreme Court rules a cyclist can be convicted of drunk bicycling. Republican candidates in Madison WI unite to oppose a local bike path. Turns out riding a bike in Chicago is safer than riding in the suburbs. A Michigan driver rear-ended and critically injured a rider, then casually continued on to the same casino where his victim worked. Ohio bike lawyer Steve Magas asks if this is the worst crash report ever. A reminder that cyclists aren’t always the good guys, while a Columbus writer says that city’s drivers are courteous, but cyclists are road-hogging jerks who should be ticketed — and describes unsafely passing a rider as proof. New York plans to slow more drivers down to a 20 mph speed limit. Boston’s Lovely Bicycle finds the middle ground in appreciating John Forester, the father of vehicular cycling. Shockingly, it turns out drivers break the law more than cyclists. Turns out that the DC-area cyclist who killed a pedestrian recently wasn’t a spandex-clad maniac after all. North Carolina cyclists ride in honor of Steve Jordan, the state director for mental health, who was killed while riding his bike on the 4th of July. Florida plans to allow bikes on some limited access highways on a trial basis.

A San Diego physician saves the life of a doored cyclist while vacationing in Vancouver. The British Medical Association says curb car use and make room for bikes and pedestrians. From anorexic model to a favorite in team pursuit at the London Olympics. A British Paralympic cyclist sees her games in doubt after she’s Jerry Browned by a passing car. German cyclist Kristina Vogel bounces back from a broken neck to compete in London. A London cyclist rhetorically asks why not just ban bikes entirely after they’re barred from bus and Olympic lanes prior to the games. A British cyclist receives the equivalent of 36 cents in court ordered compensation for his stolen bike. “Pranksters” nearly decapitate a 12-year old English boy by stringing rope across the footbridge he was riding on; yeah, real funny. Tests show cyclists using earphones at a reasonable level can still hear warning sounds from other riders, comparable to a car driver with no music playing. An Aussie cyclist calls for an end to road rage.

Finally, that’s what I call a rough ride, as a Type 1 Diabetic riding in the Tour Divide stops to check his blood sugar, encounters a bear, slides off of an embankment and nearly drowns in a river before making his way back to his bike — and on to a hospital. This is what I call a sharrow. And these are the rules that should govern every bike club:

1) Ride Bikes

2) Try not to be an ass

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My apologies to everyone who sent me links this past week. Between all the breaking news and an inadvertent email crash, I’ve completely lost track of who sent me what. But I am grateful to each of you, and hope you’ll all keep sending me more stories as we move forward.

Category: Best of, Bicycle Safety, Bikes & the Law, General, Injuries and Fatalities, Legal Cases, Stolen Bikes and Bike Crime / Tags: , , , , , , , , , ,

Breaking news — arrest made in hit-and-run death of 18-year old Rancho Sante Fe cyclist

July 9, 2012 / / 15 comments

San Diego news sites are reporting that an arrest has been made in the hit-and-run death of 18-year old cyclist Angel Bojorquez.

According to 10News, 19-year old San Diego resident Jin Hyuk Byun was arrested Sunday night after a neighbor reported seeing damage to Byun’s 2008 Chevy Avalanche. NBC San Diego reports that he initially refused to cooperate with CHP investigators, but confessed after officers obtained a search warrant and discovered the truck.

Contrary to initial reports, the night Bojorquez was killed was the first time he had attempted the 20-mile bike ride home to Escondido from his job in Del Mar. He was forced to make the ride because he was unable to share his usual drive with his brother, and the buses he would have needed didn’t run that late.

Investigators determined that he was killed approximately one hour before his body was discovered by private security around 2 am — which means Byun ran him down just minutes after Bojorquez was stopped by a sheriff’s deputy.

No word yet on what charges Byun may face.

Let’s hope authorities treat this case with the seriousness it deserves. Any chance Bojorquez may have had to survive his collision was lost when Byun chose to run away like a coward rather than stop and call for help.

Although San Diego courts aren’t exactly known for handing down stiff sentences in cases like this.

Meanwhile, friends and family members are attempting to raise funds to pay for the victim’s funeral.

Maybe Byun’s family could sell that truck to make a sizable contribution.

Category: Bicycle Safety, Bikes & the Law, Legal Cases, Roadway Courtesy / Tags: , , , , ,

Riverside police assault May Day cyclists; accused DUI hit-and-run driver Juli Ann Brown goes to court

May 2, 2012 / / 3 comments

Police in Riverside apparently make up the law as they go along during that city’s May Day protest, ordering bikes out of the street and onto the sidewalk — despite a local ban on sidewalk riding.

And despite the fact that the riders were just a block from their destination.

Then they forcibly stopped the riders by pulling a police car across their path, jumping out of a patrol car with Taser drawn, and tackling a rider off his/her bike.

Regardless of whether the riders may or may not have committed a traffic infraction, using a Taser on a cyclist or knocking a rider off his or her bike is a serious use of force, with a high potential to result in injuries to the rider — and potentially serious, if not deadly, consequences.

Any officer who resorts to such physical violence against department policy to enforce a perceived traffic violation is in serious need of training. If not dismissal from the force.

And any police department that condones it should be reined in by city officials.

If not a lawsuit.

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Our anonymous South Bay correspondent sat in on Monday’s preliminary hearing for Juli Ann Brown, the woman accused of running down three cyclists in a drunken hit-and-run.

Juli Ann Brown had her preliminary hearing Monday in Judge Margaret A. Anderson’s courtroom. Starting the proceeding was an arraignment for an amended complaint. One of the enhancements was upgraded from 12022.7(a) to 12022.7(c), which suggests that one of her victims was over 70 years old. Naturally the plea is still not guilty.

Officer Michael Ezroj of the Seal Beach Police Department, first on the scene at the Taco Surf parking lot where the cyclists had gathered after the assault, conducted recorded witness interviews and collected physical evidence (pieces of the suspect’s vehicle). All witnesses stated that after hitting the cyclists in the bike lane, the vehicle had stopped a very short way up the road, straddling the lane marker, and had then fled. When notified by Huntington Beach PD that they had pulled the suspect over, Ezroj left the scene to identify and question the suspect.

Just minutes after receiving the description of the suspect’s vehicle, HBPD Officer Johnathan Deliema observed a vehicle matching that description travelling southbound on PCH. He made a U-turn and followed her in the #1 lane. While behind Brown’s vehicle, he observed the vehicle drift partially into the #2 lane not once but twice. Brown, the driver, then engaged her right-turn signal and attempted to merge into the occupied #2 lane, causing another vehicle to take evasive action. At this point, Officer Deliema hit the lights and sirens. Incidentally, this all took place at approximately 40 miles per hour, within a distance of less than a third of a mile.

Officer Deliema observed Brown’s slurred speech and unsteady gait, and asked about the damage to the right front side of her vehicle, Brown claimed she had been shopping at Von’s in Long Beach earlier that morning and discovered the damage when she returned to the parking lot, but had not notified the police because she was late to a doctor’s appointment in Huntington Beach. Asked for her driver’s license, she immediately confessed it was suspended. Officer Deliema initiated a Romberg test, to which Brown complied, and which she failed miserably.

When Officer Ezroj arrived, he noted the damaged vehicle matching the suspect vehicle’s description and also observed in the interior a small baggie filled with an unknown white powder and two short plastic straws. He asked Brown if she knew why she had been pulled over and she stated, “I was told that I hit a motorcycle or something.”

HBPD Officer Nick Nicholas arrived on the scene. In his two years with Huntington Beach, he’s administered an estimated 130 field sobriety tests, and he proceeded to test Ms. Brown, who claimed physical limitations with her lower extremities (which she had not divulged to Office Deliema) and was therefore excused from the walk-a-straight-line and stand-and-turn bits. Officer Nicholas also allowed her to fudge a bit on the Romberg, and she still failed it.

Then it was time to recess for lunch, and I had to split. Kinda disappointing to miss half the witnesses, but the exciting news is that Brown’s next scheduled court appearance is an arraignment- a very good indication that she has already simply agreed to whatever plea deal the prosecution has offered. Looking forward to that.

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Could someone give these kids their darn bike lanes already?

Seriously, I think they’ve earned them.

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In an interesting experiment, Malibu shifts street cleaning on PCH from Mondays to Fridays, in hopes of having safer streets for weekend cyclists.

It’s a small step, but could make a big difference — especially if they extend cleaning to the shoulders where cyclists usually ride. And it’s a huge shift in attitude from the formerly bike-unfriendly city.

Thanks to the ‘Bu master bike advocate Eric Bruins for the heads-up.

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Bike lanes almost magically appear on a short, uncontested section of Sepulveda Blvd. Writing for Flying Pigeon, Richard Risemberg calls for a different sort of road diet on York Blvd; if you can find a copy of Momentum magazine, you can read Rick’s bicycle visitor’s guide to the city. Is CicLAvia headed to points east anytime soon? Bikerowave is conducting a series of bike repair and purchasing classes this month. Why the Amgen Tour of California cyclists won’t be riding Santa Monica Blvd through the biking black hole of Beverly Hills later this month. Celebrate bike month with Better Bike, who says the city’s bike route pilot project leaves a lot on the table. Culver City needs volunteers for bike counts on May 19th and 23rd. The Pasadena Star-News says it’s time to make bikeways the new freeways; I couldn’t agree more. The Claremont Cyclist offers his typically great observations on last weekend’s Chuck Pontius Memorial Crit. Join new LACBC affiliate chapter Pomona Valley Bike Coalition for a casual, 24-mile Art Ride this Saturday; can’t speak for you, but I’m loving the way these affiliate chapters spread bike advocacy to the far reaches of the county.

The San Diego woman who traded her car for a bike at last year’s Tour de Fat is still riding. The San Diego Reader says in a world where everyone dopes, it’s wickedly unfair for Floyd Landis; if he had just accepted his suspension instead of lying to everyone about it, it might have been a different outcome. Head to Paso Robles for a full four days of biking on Memorial Day weekend. The Mercury News explains the meaning of sharrows and gets it mostly right if you exchange “must” for “should” here and there. No, seriously — if you’re carrying rock cocaine, put a damn light on your bike. A San Francisco reporter documents his own harassment of cyclists, along with getting the whole concept of bike safety wrong. A disabled Sonoma cyclist is beaten and stabbed in an early morning assault. Right now, you can conduct your own personal ciclovia on the carless roads of Yosemite.

The Bike League and Sierra Club team up to ask Congress to stop giving cyclists the shaft. The surprising aerodynamics of bicycling; link courtesy of cyclist and CD13 City Council candidate Josh Post, who I never heard of before Tuesday, but I’m liking already. Bike lawyer Bob Mionske says we all need to stand up to biased anti-bike policing. The media doesn’t exactly look favorably on the car-free among us; link courtesy of Streetsblog. Gotta like this one, as U.S. Air Force cyclists take 2nd and 3rd in the Wounded Warrior Games; just the fact that they’re still competing says volumes. Even Houston is getting a bike share program. A fallen Austin TX cyclist did nothing wrong, but that still doesn’t stop some from blaming scofflaw cyclists; seriously, don’t these people have any shame? A Boston Whole Foods bike parking fail. Evidently, road rage fisticuffs directed at cyclists isn’t just an L.A. problem, as a New York driver beats the crap out of a bike rider who tapped on his car to warn him he was too close; note to motorists — if someone on a bike can touch your vehicle, you’re too damn close.

A UK police official says drivers who kill should face life in prison. A Scot cyclist barely avoids death just days after attending the Ride on Parliament. Great anti-drunk driving campaign from Fiat. Three Korean pro cyclists are killed when their team is rammed by a truck on a training ride. China’s Red Cross is accused of running a bike scam. Who needs a bike lock when you’ve got a bike riding guard dog?

Finally, drunken Florida grandparents face charges after towing their granddaughter behind their SUV in a toy car secured by dog leashes.

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Let Wednesday’s suicide of future Hall of Fame and former USC football player Junior Seau serve as a reminder that you never know what’s going on in someone’s life unless you ask. Take a moment to reach out to those you love, and don’t take a casual “everything’s okay” as an answer.

There are far too many Richard Corys in this world.

And sometimes, hope can seem to be in very short supply.

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

Driver arraigned in death of cyclist Carol Schreder; a light charge is better than no charge at all. Right?

April 30, 2012 / / 10 comments

Ghost bike installed on Mulholland Highway for cyclist and Hollywood producer Carol Schreder; photo courtesy of Chris Willig.

Maybe we’ll see justice for Carol Schreder after all.

Or some justice, anyway.

After months of being told the cycling death of Hollywood producer and cyclist Carol Schreder was nothing more than an unfortunate accident, I’ve been informed that a charge of misdemeanor vehicular homicide will be filed.

Correction — has already been filed, in apparent secrecy and without the knowledge of her family and friends.

Last week, I received an email telling me that the driver, Stafford Drake Taylor, was scheduled to be arraigned on Monday. Then over the weekend, I got another email from the same source letting me know that the arraignment actually took place last Thursday, with no one close to the case informed of it — even after it was over.

Then again, I’m told they were never officially invited to the planned Monday arraignment, either.

So much for keeping the victim’s family in the loop.

Then there’s the question of why authorities suddenly decided to file charges. And why they settled for a misdemeanor charge when there were numerous reports that Taylor was speeding and driving recklessly in the moments leading up to the collision.

Sources who have seen the CHP collision report tell me the vehicle that killed Schreder was a jacked-up 1989 Ford Econoline van pulling a brakeless, owner modified trailer; one person describes the rig as looking like something out of a Mad Max movie.

The report indicates that Schreder was riding on the right shoulder of Mulholland Highway west of Kanan Road, wearing a helmet and bright colored clothing.

According to the report, Taylor initially told police at the scene he was following about four car lengths behind a green Toyota at about 20 to 30 miles per hour when he saw the car ahead slow for a cyclist riding about three feet to the left of the solid white line. Taylor reported that he jammed on his brakes and cut to the right in an attempt to avoid the car and Schreder’s bike, causing his rig to jackknife and strike Schreder.

The next day, Taylor came into the CHP station to clarify his statement to police. Now, he said, he was traveling at approximately 45 mph, following the car ahead by four car lengths or less, while the cyclist was now riding six feet to the left of the white line.

When the Toyota slowed, he said he had to react quickly so he jammed on his brakes and cut to the right, somehow thinking he could slide past the truck and cyclist on their right. Instead, he claimed Schreder moved back to the right when the Toyota apparently startled her, placing her directly in his path.

According to Taylor, he had slowed to about 30 mph when the trailer jackknifed and he hit Schreder with the left front of his jacked-up van, come to rest on the right curb on top of her bicycle.

The CHP notes that Taylor’s truck left a number of skid marks as long as 106 feet, which would indicate a high rate of speed, despite being just a few hundred feet from a controlled interesection. And despite previous speculation that the collision could have been caused by the windy conditions that day, the report indicates that wind was not a factor.

The traffic collision report indicates that a number of cyclists were stopped at the scene when the officers arrived, including a physician who performed CPR until the paramedics arrived — confirming a comment on the original story.

Yet the CHP didn’t interview any of the riders at the scene, or even take their names for possible follow-up later. And I’ve heard from people who attempted to contact the CHP to tell them they’d seen the van driving dangerously prior to the collision — including a cyclist who was nearly hit by the same van just moments earlier — only to be turned away without being allowed to talk to anyone.

In fact, according to the collision report, the only witness the police spoke to was the driver of the Toyota, who described seeing Taylor’s van approaching from behind at a high rate of speed before watching it hit Schreder’s bike.

Maybe I’m confused.

I understand that police can’t file a misdemeanor charge unless they either witness it themselves or can deduce from the physical evidence just what happened. But doesn’t it make sense to talk to all the witnesses and gather as much information as possible before deciding what charges to file?

If Taylor was driving as recklessly as the witnesses have claimed, shouldn’t that suggest a felony charge, with a possible sentence of two to 10 years in state prison, rather than the relative slap on the wrist of up to one year in county jail for the misdemeanor count?

And why all the apparent secrecy and attempts to keep Schreder’s family and close friends out of the loop? Especially when the families of other victims have complemented the DA’s office for going out of their way to keep them informed and a part of the process.

It makes me wonder if there’s already a plea deal in the works and they don’t want objections from the family to get in the way.

Trust me, I’m pleasantly surprised that charges are finally in the works. Although stunned might be a better word.

But mad as hell that it looks like yet another driver may get off with a minimal sentence, while his innocent victim gets the death penalty.

Yes, a slap on the wrist is better than nothing at all.

But cyclists are going to keep on dying if authorities don’t start taking dangerous killer drivers seriously.

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

Malibu PCH workshop tonight, hats off to Cal Poly planner, and psych test for road rager Louis Mraz

April 4, 2012 / / Comments Off on Malibu PCH workshop tonight, hats off to Cal Poly planner, and psych test for road rager Louis Mraz

There’s still time to make it to Malibu for this evening’s public workshop to discuss the Bike Route Improvements Project along PCH through the west part of the ‘Bu.

Cyclists trying to get to that soon-to-be improved bike route by fighting their way through the east part of PCH are still on their own.

……..

A Cal Poly Pomona student has received a national fellowship for her research paper on Evaluating Demand for Bicycle Facilities in Community-Based Bicycle Planning, with an emphasis on minority and low-income communities.

Her work showed that bike use is higher in areas with household incomes less than $30,000 and commute times of less than 15 minutes. And that communities should target their efforts where there is both the greatest need and highest potential for increased usage.

Congratulations to Edna Cruz. Sounds like she’s got a great future in planning.

Thanks to Erik Griswold for the heads-up.

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Following the death of San Diego cyclist David Ortiz — and the inexplicably inaccurate statements from the police — San Diego bicyclists will ride in his honor on Wednesday afternoon. And protest the unnecessarily dangerous conditions on the street where he was killed.

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Maybe he’s just nuts.

Road raging driver Louis Mraz, convicted of intentionally running down cyclist Winona Wacker in Highland Park, has been ordered to have a 90-day mental health evaluation before he’s sentenced; sentencing has been moved to June 29th.

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I love this piece from the Pittsburgh Post-Gazette on complaints about the new PA four-foot passing law. For a change, the writer clearly gets it when it comes to comparing the threat posed by cyclists and motorists.

I’ll point out here that I ride a bicycle from time to time, but almost never in traffic. It’s not because I’m scared to death of being mowed down by a careless, lawbreaking bicyclist.

Definitely worth the click.

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The first ticket for violating Pennsylvania’s new four-foot passing law comes just 15 hours after it goes into effect; hats off to the bus driver who blocked traffic to keep a hit-and-run driver from fleeing after he failed to give a rider four feet by running over his ass.

On the other hand, there are few things more ridiculous than comments from law enforcement that three — or in this case, four — foot passing distance is unenforceable unless there’s an actual collision.

A cop may not be able to to tell when a car is passing a cyclist at 2’8” instead of a full three feet. But any cop who can’t tell the difference between a foot or two and a yard or more has got serious problems.

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Damien Newton says the distracted driving zombies just aren’t going to cut it. More great photos from the recent Feel My Legs, I’m a Racer hill climbing stage race. LADOT wants your input on how to make Yucca Street bicycle friendly. The Real Rydaz are hosting a ride through South L.A. on July 1st, even if money and Metro is keeping CicLAvia from venturing there. Metro wants you to promise, cross your heart, that you’ll ride during Bike to Work Week next month. LADOT attempts to address an ongoing problem with a new campaign urging people to keep their trash bins out of the bike lanes. The newly issued Request for Proposals to reconstruct Santa Monica Blvd through the biking black hole of Beverly Hills includes instructions to consider bike lanes in both directions; it’s a start, anyway. Meanwhile, Beverly Hills announces public workshops for their upcoming Bike Route Pilot project; personally, I’d like to see separated cycle tracks on Rodeo Drive. Kick off the month-long lead-up to the BikeFest Tour of Long Beach with a free bike tune-up and tricycle races at Miller’s Children Hospital starting at Wednesday.

A Newport Beach cyclist is injured in a dooring; thanks to David Huntsman for the tip. Our neighbor to the south completes another 1.8 mile segment of what will eventually be a 24 mile bikeway around the San Diego Bay. Bike San Diego’s Sam Ollinger recaps day two of last month’s National Bike Summit. Visalia cyclists get their first sharrows, and unlike other cities I could name (cough: Los Angeles), an explanation of what they are. A San Francisco cyclist is severely beaten and robbed in an early morning attack. My favorite reality TV show are the L.A. police car chases that air intermittently on our local stations; now Cyclelicious offers proof that bicyclists can get in on the fun, too — even at 60 mph.

Ten things you need for a long-distance bike tour, starting with, yes, a bike. A new Albuquerque bike and pedestrian bridge will let cyclists cross I-25, while providing easy access to a strip club. Eight Denver cyclists are ticketed and their bikes impounded during the city’s first Critical Mass in four year. North Dakota cyclists push for bike lanes on a main street. The Springfield Cyclist calls your attention to the guy who didn’t crash in the Tour of Flanders. Chicago cyclists just want more police to enforce traffic laws — and stop parking in the bike lanes. Attention planning types, the bicycling director position for the city of Boston is about to open up; if they decide they don’t need an actual planner, let me know. That 90-year old New York trike rider is just a youngster compared to a couple riders here on the left coast. Louisiana considers legalizing sidewalk riding.

Toronto cyclists vow to fight the removal of existing bike lanes. A British bike rider complains about the lack of women in a bike company’s marketing brochure; seems to be a problem with a lot of companies that should know better. Helmet cams are bringing justice to UK streets. York city leaders step up to make their streets less safe for cyclists. England’s 125-year old Raleigh bicycle company is about to go Dutch. Edinburgh starts a new campaign to get cyclists in bike boxes, and keep drivers out. Germany wins the women’s world team sprint title, setting a new world’s record twice in the process. A badly broken collarbone has pro cyclist Fabian Cancellara down but not out, at least not for long. After being stripped of his title, and apparent time off for good behavior, ex-2010 Tour de France winner Alberto Contador plans to race in this year’s Vuelta. Oddly, the Tour of the Basque Country goes nowhere near Bakersfield; Spain’s Samuel Sanchez leads after three stages. An Aussie scientist gets 10 years for deliberately running down his bike-riding boss.

Finally, Good busts nine bike myths; then again, there’s at least that many reasons why you shouldn’t ride to work, right?

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

Wrist slap rescinded, as drunken hit-and-run driver John Hines resentenced to 4 years in state prison

March 17, 2012 / / Comments Off on Wrist slap rescinded, as drunken hit-and-run driver John Hines resentenced to 4 years in state prison

So much for that slap on the wrist.

Former fire captain John David Hines, scion of a leading Long Beach fire fighting family, had the book thrown at him by an angry judge, turning a one-year sentence in a relatively plush pay-to-stay cell into over four years of hard time in the state penitentiary.

Hines had been sentenced for the drunken hit-and-run that left cyclist Jeff Gordon lying severely injured on a Seal Beach street, after drinking himself silly at a Long Beach bar last April Fools Day. When police arrested him at his home, drenched in urine soaked pants, Hines had a BAC of .24 — three times the legal limit.

In what many cyclists — or maybe just me — considered an overly lenient sentence, Santa Ana Superior Court judge Erick Larsh sentenced the former fireman to four years and four months in state prison — then suspended the sentence in lieu of one year in the Orange County jail and five years probation.

And rather than force him to consort behind bars with OC’s criminal element, the judge allowed Hines to buy his way into the Huntington Beach jail, where he could serve his time in greater comfort.

All he had to do was stay out of trouble for a few months.

Yet the former EMT-certified fire captain, trained to save the lives of victims just like the one he left lying in the street, couldn’t even manage that.

This past January, jailers noticed him wobbling, and discovered he had extracted alcohol from hand sanitizer by filtering it through salt. Then he drank enough of the resulting extract to result in a blood alcohol level of .22 — almost as high as when he nearly killed Gordon.

And enough to turn that gentle slap on the wrist into a good swift kick into the state pen.

That’s exactly what happened on Friday, as Judge Larsh ruled that Hines had violated his probation, and resentenced him to the full four years and four months of his original sentence, saying “I can’t fix you.”

Don’t get me wrong.

I have no sympathy for hit-and-run drivers. And even less for anyone who gets behind the wheel after drinking — let alone nearly taking the life of another human being.

But Hines is clearly a very sick man.

Whether he’ll get the help he needs behind bars is highly questionable. We can only hope he comes out of prison a much healthier man than when he went in.

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I’m told that Danae Miller, the DUI/distracted driver convicted of running down world-class triathlete Amine Britel in Newport Beach last year, is settling in nicely at the Chowchilla women’s prison, where she can expect to spend most of the next four years.

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On a slightly less serious note, reader Mark Pryor sends a warning that Huntington Beach will host the 2012 Surf City Open later this month, from March 29th through April 1st.

And no, it’s not a bike race. Or even a surfing championship.

It’s a paint ball tournament. Which means that cyclists can expect to be used for target practice.

Consider Mark’s story —

In Spring of 2008 I was shot at close range with a paintball gun on PCH in Seal Beach while heading towards HB. I stayed up and was unaware of what happened, until a relative explained what it was later that day.

I was informed the next day that a major PB Tourney for Pros was underway in HB. I did report the incident to OC Sheriffs, but they were uninterested since I was OK.

My back was beet red from the injury, although nothing appeared to penetrate the skin.

Moral of the story: when the PB Players are in town, cyclists will be considered as easy targets.

Its shameful that the tournaments are allowed when people are victimized this way by participants traveling to and from the events.

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Today’s news kept me from updating this week’s events tonight; hopefully I can get to that later this weekend.

But don’t forget Saturday’s Get Sum Dim Sum ride, or the early morning Wolfpack Hustle Marathon Crash race prior to the L.A. Marathon on Sunday; over 1,300 riders have already registered to take part.

Saturday is also St. Patrick’s Day, which means tens of thousands of amateur drunks will be on the roads all day.

So assume every driver you see on the streets has had about three green Guinness too many.

And ride accordingly.

Update: If you’re looking for something dry to do tonight, the Now Pro Women’s Cycling Team unveils their 2012 roster starting at 7pm at Cynergy Cycles, 2300 Santa Monica Blvd in Santa Monica.

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

Evidence-hiding father Stephen Rush already out of jail; trade in your car for a bike in Woodland Hills

March 15, 2012 / / 4 comments

Dj Wheels offers a few legal updates, which I’ll try to catch up on in the next few days.

But one thing sure to get a lot of cyclists’ blood boiling is the news that Steven Rush, sentenced to a wrist-caressing 10 days in jail for helping his daughter Dominique hide evidence in the heartless hit-and-run death of 17-year old cyclist Alex Romero, is already out from behind bars.

According to Wheels, Rush was taken into custody around noon on March 6th, the day he and Dominique were both sentenced. And released less than two days later, at 6 am on March 8th.

Forty-two hours.

A virtually consequence-free Lindsey Lohan-ish spin through the judicial system.

Yeah, that will certainly send a message to anyone else considering hiding evidence of a crime.

As in go ahead. It’s no big deal. Just another dead cyclist lying in the road.

Shameful.

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I love this photo from UK bike blogger Karl McCracken, aka KarlOnSea, clearly demonstrating the harmful environmental effects of bicycling.

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Gas prices have you thinking about trading your car for a bike? Now you can.

Literally.

In a brilliant bit of guerilla marketing, Santa Monica Mountains Cyclery is partnering with a nearby car dealer to let you trade your car for a new bike. Just pick out your bike, and go across the street to have your vehicle evaluated for its trade-in value. Then pop back to the bike shop to finish the transaction and ride off on your new bike.

The offer is good next week, starting Monday the 18th and running through Sunday the 25th.

It will be interesting to see if anyone takes advantage of it. And if any of those are new to bicycling.

But either way, the shop deserves credit for using current market conditions to put their name on the map in a big way.

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Santa Monica Spoke reminds us of tonight’s Bikes – Ballads – Beers benefit for fellow LACBC affiliate chapter West Hollywood Bicycle Coalition at Little Bar. I won’t be able to make it, but it sounds like a damn fun — and very affordable — bike night.

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The USC Cycling Team invites you to join them for a benefit ride on Sunday, March 25th, offering your choice of three rides of increasing speed and difficulty, all starting at 9:30 am at Bike Effect, 910 W. Broadway in Santa Monica. The suggested $20 donation supports the 2012 USC Cycling race program.

Meanwhile, bike-friendly KCET looks at this weekend’s Wolfpack Hustle Marathon Crash Race.

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American Cyclist offers a remarkably one-sided look at helmet use, relying on a largely discredited study citing an 85% reduction in head injuries for riders wearing helmets.

While I am a firm believer in helmet use, they are not magic devices that will miraculously protect the wearer against all harm. They’re most effective for relatively slow speed collisions, since their design standards only dictate protection at impact speeds up to 12.5 mph. And even the best helmet will do nothing to protect against injury to any other part of the body.

Don’t get me wrong.

In over 30 years of riding, I’ve only needed my helmet once. And in that case, I’m damn glad I had it.

But let’s be honest about their limitations, and not pretend they can perform miracles.

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The great VC debate continues, as former advocate for Vehicular Cycling Rick Risemberg says cyclists should at least operate like vehicles around other riders. The Department of DIY strikes again, as Except Bikes placards suddenly appear on No Parking signs. Gary Kavanagh becomes an official Streetblogger. LADOT offers initial results on wayfinding input, and wants your take on biking through the Sepulveda tunnel under LAX; personally, I don’t even like driving through it. A pink bike may be the key to a murder investigation. Beverly Hills moves forward with a bike route pilot program with no discussion, at least not yet. Cal State Northridge police bust a pair of juvenile bike thieves; they must have really sucked at it to even get noticed. Lincoln Heights bike shop owners consider building a Velodrome for Eastside fixie riders. Altadena gets a five-mile bike boulevard in the new county bike plan. Women on Bikes SoCal interviews Steven Rea, author of Hollywood Rides a Bike. Long Beach will celebrate April Fools Day with a bike scavenger hunt; the city also offers the nation’s largest city-wide discount program for cyclists. Happy 104th birthday to Long Beach’s Octavio Orduno, who may be the worlds oldest living cyclist. Claremont Cyclist looks at last weekend’s Bonelli Park Pro Triple Crown, the U.S. Cup of mountain bike racing. The popular San Gabriel River bike path is getting an upgrade.

Newport Beach police with celebrate St. Patrick’s Day with a crackdown on bicyclists, pedestrians and vehicle operators to promote bike safety, followed by another on the 24th; I have no problem with it as long as they focus on all violators, and not just cyclists; thanks to David Huntsman for the tip. San Diego gets a new Bayshore Bikeway, and SD riders are encouraged to help rebuild a beloved children’s bike park. The first leg of the 2012 Women’s Prestige Cycling Series will take place next week at the Redlands Bicycle Classic; nice to see women riders finally beginning to get the attention they deserve. Work has begun on a new bike path to connect North and South Camarillo under the 101 Freeway. San Francisco police ignore witnesses and insist a cyclist intentionally crashed into the back of a road raging driver, evidently believing we bike riders are so insane we often crash into cars to get the driver in trouble; maybe this is how they see us. The field is announced for this year’s Amgen Tour of California.

The Atlantic Cities asks if the bikers’ rights movement is gaining momentum, quoting both L.A. attorney Ross Hirsch and former LADOT Bike Blogger Christopher Kidd. Bike lawyer Bob Mionske compares the lack of cycling support among U.S. officials with the newly found backing from UK MPs. Will Levi’s still be in the bikewear business in two years? A Scottsdale cyclist does everything right, and still gets killed by a possibly inattentive driver. Oregon loses a bike-friendly Republican legislator. Idaho considers a three-foot passing law, while banning two-abreast riding. The hazards of biking in the Chicago suburbs. Sports Illustrated looks at rising BMG cycling scion Taylor Phinney.

After a Canadian cyclist is apparently right hooked, police blame the rider for travelling too fast on the sidewalk and not wearing a helmet; good thing drivers don’t have to take any responsibility in the Great White North. An 85-year old cyclist is critically injured by an unmarked police cruiser in bike-unfriendly Toronto; any guess how long they will take to place all the blame on the rider? A 93-year old Scot driver is charged with killing a cyclist celebrating her first anniversary. Scottish cyclists plan a mass ride on Parliament April 28th. UK rabbis declare this the Big Green Jewish Year of the Bicycle, and in an ecumenical gesture, drop in on the Archbishop of Canterbury to say hi. The Guardian asks if British bikes are worth buying — aside from Bromptons and Pashleys, of course; thanks to Evan G for the heads-up. A British solicitor says the common drivers’ excuse that a cyclist came out of nowhere is unacceptable. Surprisingly even-handed advice on how to make the road safer for Australian cyclists. Proposed stickers would warn Aussie drivers to look out for cyclists when opening their doors.

Finally, Volvo introduces a new outside airbag to protect cyclists and pedestrians; it won’t stop a distracted driver from hitting you, but it may hurt a little less. Then again, it will probably only be the most careful drivers who buy it, anyway.

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

Breaking news — Stephanie Segal sentenced to 9 years for DUI death of cyclist James Laing

March 14, 2012 / / Comments Off on Breaking news — Stephanie Segal sentenced to 9 years for DUI death of cyclist James Laing

I’ve just received word that Stephanie Segal was sentenced today to nine years in state prison for the drunken hit-and-run death of popular cyclist James Laing.

Laing was riding in a designated bike lane on Agoura Hills Road on October 23rd, 2010, when a car driven by Segal drifted into his lane and hit him from behind before speeding off. Witnesses followed her car to a nearby parking lot where she was arrested with a blood alcohol level of .26 — over three times the legal limit.

According to an attorney who was in the Malibu courtroom, Segal was sentenced to four years for vehicular manslaughter, with a five year enhancement for leaving the scene.

From what I’ve been told, Segal never accepted responsibility for her actions; that, along with the heinous nature of her crime, may have contributed to the unusually stiff sentence.

Finally, a judge has treated the death of a cyclist with the seriousness it deserves. Judge Mira deserves our thanks for sending a strong message that fleeing the scene after killing another human being — especially when drunk — cannot and will not be tolerated by a civil society.

Now if only a few other judges would get the message.

If she serves her full term, Segal will be 53 years old when she gets out of prison.

Maybe by then she’ll finally grasp the needless heartache and loss she caused Laing’s widow, his brothers and sisters, and all those who knew him.

She is scheduled to begin her sentence on April 16th.

Update: The Ventura County Star offers a few more details, including word that Laing’s widow received a substantial settlement prior to the sentencing, according to her attorney, Oxnard-based Mark Hiepler.

“It is our hope that today’s nine-year sentence, as well as the civil accountability, will send a message to the community about the real life consequences of drunk driving,” he said. “The death of James Laing continues to produce an ongoing ripple effect in the lives of his wife, their families, the cycling community, and in the lives of each of his students who admired him.

“It also is our hope that this criminal sentence will force people to be more respectful of the rights of law-abiding bicyclists and cyclists,” Hiepler said.

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

Distracted killer of an 8-year old OC cyclist walks without a single day in jail

March 14, 2012 / / 13 comments

I really don’t want to write about this.

I’ve been putting it off since a pair of noontime emails alerted me to a plea agreement in the case of Anita Sue Cherry, the driver charged in the death of 8-year old Andrew Brumback in January of last year.

AJ, as his family and friends called him, was hit by Cherry’s car as he rode his bike to school in January of 2011. He was riding shortly ahead of his sister when he crossed into the Westminster intersection; Cherry initially claimed he “came out of nowhere,” police later concluded that she had been looking down — at what, they never said — when the impact occurred.

In other words, she broke the most basic rule of driver by failing to maintain awareness of what was in the road directly in front of her.

And that single moment of distraction took the life of an innocent boy.

Fortunately, his sister did not see the collision, though what she did see afterward must have been almost as devastating.

It certainly was for the owner of the house in front where he died; you can still see the ghost bike and roadside memorial that sprang up afterwards in the Google Street view photo. And I’m told the Westminster Little League players will wear his initials on a patch this season.

Cherry, who stayed at the scene, was reportedly distraught at taking AJ’s life.

Maybe that’s why the D.A. seems to have been so lenient in this case, offering her a plea deal without a single day behind bars.

She had been charged with a single misdemeanor count of vehicular manslaughter without gross negligence, with a maximum sentence of one year in jail; instead, she pled guilty to misdemeanor reckless driving.

With a limp wrist slap sentence of three years informal probation and 300 hours of community service.

Frankly, I don’t know what to think.

Sending her to jail won’t bring AJ back. And it won’t ease the pain of his family, as shown by the witness statements quoted by the Orange County District Attorney’s office.

At the sentencing today, Brumback’s mother and brother gave victim impact statements to the court. His mother Debbie said, in part, “The loss of AJ has severely wounded our family and deeply injured a community of adults and children who knew him as a friend. I have had a year to put this letter together and am still at a loss for words. How do I continue to move each day without my little boy? My daughter Anna still will not open up and talk about the incident. She was blaming herself for a long time and is longing for her brother and best friend. My son Aaron won’t admit to new friends that he even had a brother because he would have to explain what happened. My husband Bill misses his ‘little buddy’ that used to watch all sports events with him. At school, AJ’s friends tell me how much they miss him. His best friend, Ryan, has been in therapy and hurts to find a friend to play with and share his secrets with. He misses the love of his friend. Not a day goes by that I don’t miss my little AJ.”

If Cherry has any conscience whatsoever, having to wake up every morning with the weight of AJ’s death on her shoulders is a far greater penalty than any jail sentence could have been.

On the other hand, letting her walk feels like a failure of the judicial system.

It’s a perfect example of why children and cyclists and pedestrians continue to die on our streets, when the judicial system refuses to hold drivers accountable for their actions or the lives they take.

Maybe this was a fair outcome.

Maybe not. It certainly doesn’t seem like it to me.

I’ve been angry and depressed all day since I got the news. And more committed than ever to support Safe Routes to School.

Because eight-year olds shouldn’t die on their way to class.

And AJ deserved better.

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