Archive for Legal Cases

Drunk driver gets 19 years for killing a toddler; 2nd driver gets 300 days for pre-fatal hit-and-run

October 25, 2011 / / One comment

Sometimes justice takes a long time. Sometimes, it’s just a matter of months.

And sometimes, both cases are just too tragic to comprehend.

In the first case, a Phelan man has pleaded guilty for the June, 2008 collision with a family of four enjoying a quiet bike ride that left one child dead just weeks before her 2nd birthday, and her 11-month old brother severely injured.

According to the San Bernardino Sun, the incident occurred  when Jesse Rolando Astorga fled the scene following  a drunken collision with another car.

Rialto police say Astorga fled from a fender bender with another car in June 2008, when he ran his 2008 Honda Pilot into a median on South Willow Avenue a few minutes after noon, veered to the right, jumped a curb and struck a family of four riding on the sidewalk.

The collision knocked the father, 28-year old William Dean Dinoso, off his bike, and ripped off the bike trailer carrying the two children. He then smashed into the 26-year old mother, Glenda Brooks, throwing her off the car’s windshield and into the gutter.

Brooks, who was unaware that she was pregnant at the time, later delivered another son who was born with developmental difficulties.

Astorga was videotaped buying two 18-packs of beer at a gas station just an hour before the collision.

According to the Sun, he accepted a plea deal on September 9th for five felony counts.

Astorga, now 31, would have faced 10 felony counts at trial, including murder. However, he pleaded guilty to charges of gross vehicular manslaughter while intoxicated, hit and run resulting injury or death, and three counts of drunken driving with a 0.08 blood alcohol content, causing bodily injury.

He now faces the next 19 years in prison.

And a two-year old’s family faces life without her.

……..

In a bizarrely tragic case, a 19-year old Rialto man has been sentenced to 300 days in jail for a hit-and-run collision that severely injured an 18-year old BMX racer, possibly leading to his death in a separate collision months later.

In January of this year, Andrew Dean Murvine drove his pickup truck off Norco Drive in Riverside, and onto a dirt path used by pedestrians and horseback riders. He struck Tyler Rosen as he was walking along the path, then fled the scene, leaving Rosen with life-threatening injuries.

Remarkably, despite weeks in a coma, Rosen recovered from his injuries enough to get back on his bike.

Then on July 30th, he was hit by another car while riding, and reamined in a coma until taken off life support on August 7th.

According to the Valley News, family members believe he would never have been hit by the second car if not for the lingering injuries from the first collision.

As in the Astorga case, Murvine accepted a plea deal, changing his plea to guilty in exchange for a sentence of 300 days in jail and three years probation.

He had faced up to three years in prison.

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

19-year old Downey man fatally shot while riding his bike; 8th fatal SoCal bike shooting this year

October 18, 2011 / / One comment

This has got to stop.

According to the Downey Beat, a 19-year old man was shot to death while riding his bike in Downey early Monday morning.

The man, who has not yet been publicly identified, was found bleeding in the street on Earnshaw Avenue near the intersection with Prichard Street around 3 am. Police report few clues and no witnesses; the site reports that it’s currently unknown if he was shot from a passing car or because of a dispute, or for some other reason.

Despite the lack of public ID, the victim was clearly well known in the neighborhood, described as friendly man and a good barber who gave haircuts to local residents.

This is the eight shooting victim killed while riding a bike this year, and the seventh in the County of Los Angeles. That compares with 59 cyclists killed in traffic-related collision since the first of the year.

He may not have been targeted because he rode a bike. But the loss of a young man who hadn’t even seen his 20th birthday is every bit as tragic.

And just as much a waste.

My sympathies to the victim’s family and friends.

……..

Cyclist and attorney Dj Wheels reports that Shawn Fields, who was recently sentenced to seven years in the drunken hit-and-run death of 17-year old Pacoima cyclist Danny Marin, has filed an appeal of his conviction.

Wheels reports that the appeal was filed the same day Fields changed his plea. There’s no basis given, but it’s a safe bet that it hinges on the defense’s motion to have almost all the evidence tossed for lack of probable cause in entering Field’s home to make the arrest, which was denied by the judge.

Fields was sentenced to 2 years for the vehicular manslaughter charge, plus five for the hit-and-run, as well as ordered to pay $10,515 in restitution to the victim’s family.

He is now confined in the North Kern Prison, where he can expect to spend at least the next three-plus years with good behavior.

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

The charges fit the crime — OC authorities re-file in alleged DUI speed racing collateral damage case

October 12, 2011 / / 2 comments

Most times, we’re just happy when charges are filed against a driver for killing or injuring a cyclist.

Any charges.

No matter slight, because it beats the all too frequent alternative in which dangerous motorists drive off to do it again, without even a bruise on their wrists.

Which makes it very surprising when the DA not only files charges, but actually re-files to bring enhanced charges — and stiffer penalties — against a driver in a criminal case.

But that’s exactly what happened in the case of Michael Roach, accused of contributing to the crash that critically injured Huntington Beach cyclist Richard Lauwers last January.

Lauwers was riding home on a beachfront bike path when he became collateral damage in a street racing collision between 57-year old Glenn Michael Moore and 36-year old Michael Roach.

In other words, two men old enough to know better.

Thankfully, Lauwers survived, if barely.

In fact, he’s reported to have recovered from his injuries, and resumed riding his bike around his hometown.

An anonymous source reports on the enhanced charges against Roach. And notes that it wasn’t his first offense.

Michael Dennis (“Speed Racer”) Roach was previously charged with a single violation of 23109 (engaging in a speed contest) in the January incident that put cyclist Richard Lauwers in critical care for six days.

That charge has been dropped. The case has been refiled with different charges. The new charges are 23109.1 (DUI with injury) along with an enhancement of inflicting great bodily harm, and 23109.1 (engaging in a speed contest, with injuries to another). Roach has pled not guilty to both and posted $50,000 bond.

It gets more curious.

Ten years ago, he was arrested and charged with four separate misdemeanors in that case:

  • 23152(a)…….DUI
  • 23152(b)…….DUI with a BAC of .08% or greater
  • 20002(a)…….Hit & run with property damage
  • 14601.1(a)….Driving on a suspended license

He pled not guilty to 23152(a), and that charge was dismissed. For the others, he was sentenced to a total of 50 days in jail and three years of informal probation, and his license was restricted for 90 days. He then violated his probation (I dunno for what), and earned another fun 30 days in jail. His probation was reinstated, and during this time, he was also cited for speeding and failure to show proof of registration, in separate instances, although neither seems to have affected his probation. His history of recklessness probably has something to do with the new, improved charges.

Meanwhile, fellow speed demon Moore — the driver whose car actually collided with Lauwers — faces a misdemeanor count of engaging in a speed contest, as well as felony counts of DUI causing great bodily injury and DUI with a blood alcohol content over .08%.

In other words, both were blasted at 8 am on a Sunday morning.

And nearly killed another human being because they were too drunk — or too stupid — to keep their damn feet off the accelerator pedal.

……..

The same source reports that Joseph Fernandez is finally behind bars for the death of Encino cyclist Jim Swarzman.

Also, Joseph Fernandez, who slaughtered Jim Swarzman as his fiancé watched, is currently behind bars at the Richard J. Donovan Correctional Facility in San Diego County. I tried to confirm the length of his sentence yesterday (Columbus Day?), but the courthouse was closed. Still, it’s comforting to know he’ll be off the streets for a while.

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

Felony charges in SaMo road rage after all, and I nearly run down a seemingly semi-suicidal cyclist

October 5, 2011 / / 3 comments

I was wrong.

Twice, as it turns out.

Last week, I wrote that a report that the charges against SaMo road rager Jeffrey Ray Adams had been upgraded to a felony appeared to be incorrect, based on responses from both the DA’s office and the Santa Monica City Attorney’s office.

And I had previously written that any charge against Adams was likely to be filed as a misdemeanor rather than a felony, based on the victim’s lack of serious injuries.

Wrong on both counts.

Cyclist/attorney Dj Wheels reports that as recently as last Thursday, both offices still said the case had been referred to the CA. However, when he checked on it again today, he discovered that on September 23rd, the DA had filed two felony counts of assault with a deadly weapon, case No. SA078790.

Why two felony counts for the one incident, I have no idea. And no word on why the DA’s office changed their minds.

As I noted last week, Adams was scheduled to appear for arraignment on September 26th; a felony bench warrant was issued when he failed to appear. The warrant was recalled when he appeared on the 28th with a new attorney at his side.

A preliminary hearing is scheduled for November 2nd at the LAX courthouse.

My apologies to the victim, and to everyone else, for getting it wrong this time.

And thanks to the DA’s office for taking this case seriously, and to Dj Wheels for staying on top of it.

……..

Tuesday afternoon, I nearly hit a cyclist.

I was driving back from REI in Santa Monica, partly because I needed some new arm warmers and partly because our dog has had a difficult week. And like a typical Angeleno, there’s nothing she enjoys more than a ride in the car to cheer her up.

Just what I need, an auto-centric Corgi.

This particular cyclist was hugging the parking lane, riding closer to the curb between the parked cars, then coming back out into the traffic lane to go around parked vehicles.

When he moved back towards the curb in an extended space between cars, I took my opportunity to pass, moving slightly to the left just in case. Then watched him look back over his shoulder, my car clearly visible on his left. I responded by letting up a little on the gas.

And sure enough, even though we were in the middle of the block, he suddenly threw his arm out to signal a left turn and immediately cut across my path, forcing me to hit my brakes to avoid him.

Suddenly, I had a far different perspective on all those SWSS collisions — Single Witness Suicide Swerve — in which drivers swear the cyclists they hit pulled out in front of them without any warning.

Because I was that close to being one of them.

Fortunately, I recognized the warning signs and reacted in time, although my move to the left actually increased the risk of a collision by putting me closer to him as he cut across.

Although if it hadn’t been another cyclist following behind him and recognizing the warning signs, he might not have been so lucky.

Then, oddly, I came home to read a few online news stories I’d been saving from the weekend, and discovered one from a British cyclist who had a nearly identical experience.

And went back to talk to the offending rider the next day.

……..

Governor Brown has just five days to sign SB 910, the 3feet2pass bill, despite opposition from the CHP — and eloquent support from a retired CHP officer paralyzed on the job. Best biking buddies Lance and Tony urge the re-governor to sign, too.

……..

Joe Linton offers a behind-the-scenes look at Sunday’s CicLAvia, while Mayor Villaraigosa stands up for it. This year’s route will cover 10 blissfully car-free miles. Bikerwave is closing Sunday so they can be there; maybe they’ll meet with some of the candidates for city council in CD15 hosted by Bikeside.

And half of your Veggie Grill purchase tonight will go to support CicLAvia.

Speaking of Linton, he offers a remarkable review of the results of the recent ThinkBike workshops for Downtown, Pacoima and South L.A. And likes what he sees, despite complaints about the process from some quarters.

……..

Gas 2.0 says no one walks in L.A., but we do bike. KPPC’s Air Talk program talks bikes with the co-author of The Urban Cyclist’s Survival Guide. Jaclyn Andrea Garcia is scheduled to start her jail sentence on Thursday. LADOT is three-quarters of the way to its first 40 mile annual bikeway commitment, assuming you count sharrows. A beginner’s guide to surviving the streets of Los Angeles. South Pasadena plans a new citywide bike network. Santa Monica gets a new bike riding training course. Bike-friendly UCLA offers students free use of a new $1400 repair station, while free air stations are a big hit in the South Bay. Long Beach is ready for its close-up. A bike riding Downey gardener refuses to use power tools. The importance of overcoming obstacles of the mind when you ride.

Temecula police arrest an 18-year old mask-wearing cyclist who appeared to be casing parked cars; okay, but how exactly do you ride suspiciously? An OC cyclist loses control on a busy roadway and slams into an SUV; sounds like he’s lucky that’s all he lost. Corona del Mar cyclists could soon have new signs and striping at key intersections. The Voice of San Diego says it’s time to fix the city’s cycling problems; as usual, the comments offer the same battle between cyclists, bike haters and vehicular cyclists you’ll find on almost any online infrastructure story. A lightless cyclist is sideswiped by a Chico State University police officer. If you’re looking for an emotionally charged name for a new hockey team, how about Critical Mass?

Tea Party members who criticize “socialist” bikeways might be surprised to learn arch-conservatives have supported cycling for over 40 years. What can be done to cut the unacceptably high rate of cycling fatalities. Evidently, drivers don’t like other drivers, either; turns out we’re all responsible for the tensions on the street. Bob Mionske says it’s time to stop blaming the victims. A Hawaii father says urges cyclists to make an informed choice on wearing a helmet. Bikes, cars and trucks attempt to occupy the same space/time on Seattle streets. As if the endless conflict between cars and bikes isn’t bad enough, in Colorado it’s cyclists vs. sheep dogs; I’ve had a few stare downs with stray flocks myself, but can’t recall a run-in the with the dogs guarding them. Texas A&M cracks down on cyclists for their own good, while bike laws don’t protect cyclists at LSU. If you don’t have plans for next May, you might consider the Tour de Rouge, a six-day ride from Houston to New Orleans; any ride that gets you out of Houston and ends in the Big Easy can’t be bad. Chicago bans hand-held cell phones and texting by cyclists; having watched in amazement as texting cyclists blundered into dangerous situations, I seriously do not have a problem with that. Senator Chuck Schumer walks, but apparently doesn’t ride, the Prospect Park West bike lanes his wife continues to fight, even though opponents knew their case had no merit. The Wall Street Journal puts a couple of negative bike studies in perspective, and not surprisingly, the results look a lot different from what the press has been reporting with baited breath; thanks to George Wolfberg for the heads-up. Streetsblog points out that bike-on-pedestrian injuries actually dropped as bicycling rates soared. Why DC needs their version of L.A.’s bicyclist anti-harassment ordinance.

Bicycling uses Geraint Thomas as an example of how to fall right, and offers eight examples of why The Cannibal may be the greatest cyclist of all time; no offense, Lance. Lululemon steps in to save the highly successful HTC-Highroad women’s team. New Calgary bike lanes oddly force riders to swerve out into the traffic lane. After nearly getting killed in an Arizona collision last year, adventurer James Cracknell cracks just 68 miles short of a tandem crossing of the British Isle; amazing that he could make it that after nearly dying last year. British cyclists prepare to go back to Blackfriars Bridge to demand safer cycling conditions. Another tragic — and predictable — London cycling death. The Dutch Cycling Embassy says cycling is for everyone, even if Dutch cyclists may not be qualified to ride in the UK. An Aussie magazine puts bike locks to the test. Tokyo police crack down on fixies (correction: Rick Risemberg points out they’re only going after brakeless fixies). Biking regains popularity in China.

Finally, cool L.A. bike jazz — and a cool L.A. bike jazz video — from Garfield Adams; I’ve started my day with this video for the past five days and it hasn’t failed to put a smile on my face yet. The music track is every bit as good without the bikes, too.

And I’m all for innovation when it comes to bike wheels, but no. Just no.

……..

One other quick note: I was hoping to highlight an exciting and heartbreaking new exhibit honoring fallen cyclists at the end of this month, but this post got a little too crowded. I’ll try to get to that in the next day or two.

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

Another fatal shooting of a bike rider in Long Beach; should we care?

October 2, 2011 / / 9 comments

Does it really matter?

According to the Long Beach Press-Telegram, an unidentified man was shot and killed in Long Beach around 7:30 Saturday night; or rather, the authorities have not publicly released the victim’s ID yet.

Police found the victim on the 1300 block of Atlantic Avenue after responding to reports of shots fired; he was taken to a nearby hospital where he died of his wounds. Witnesses report he’d been riding his bike when he was shot, though police could not confirm that. However, a bike is clearly visible lying in the street in the news photos.

No description was available for the suspect(s), who remain at large. Police do not yet know if the shooting was gang related.

Chances are, though, it was.

Not because of any stereotypes about the location, though Long Beach has long had a gang problem, just like many or most cities in Southern California. But because most street shootings involve gang ties in some way.

Of the six — now seven — fatal shootings of cyclists in SoCal this year, at least four were suspected of being gang-related. One in Silver Lake last April involved an alleged gang member as the shooter, though the victim — and the reason for the shooting — had nothing to do with gangs. And last I heard, another April shooting, this time in San Diego, did not appear to be gang-related.

So what do these deaths have to do with the greater cycling community?

In most, if not all of these cases, the victims were not targeted because they were on a bike; the bike was merely the form of transportation they were using at the time.

That’s the argument several people have used in encouraging me not to give the same coverage to cases like this that I do to other cycling deaths. And why I no longer include shootings in my stats on cycling fatalities, instead separating them into their own category apart from traffic-related deaths.

Still others have questioned whether shooting victims should be honored with a ghost bike. Or if they should be, if not ignored by cyclists, at least not afforded the same concern and respect we show other fallen riders.

And should his death matter any less to us if it does turn out to be gang-related than if he was the victim of a road rage attack, killed precisely because he was on a bike and in the way?

My personal opinion is that all deaths matter, and that as cyclists, we should all be concerned when any one of us falls, for whatever reason.

For at least a moment, at the time of his death, this man was riding a bike. He was, however briefly or for whatever reason, one of us.

And he is now dead, like too many others. Whether they were victims of guns, or cars. Or their own riding errors.

He was one of us, and now he is gone.

So what do you think?

Should we care?

Or simply turn our heads and look the other way?

Update: the victim of the shooting has been identified as 29-year old Reynard Lionell Fulton of Palmdale.

Category: Dr. Christopher Thompson, Injuries and Fatalities / Tags: , ,

Breaking news: Shawn Fields guilty in death of cyclist Danny Marin; details on Jaclyn Garcia plea deal

September 30, 2011 / / 4 comments

Cyclist and attorney Dj Wheels reports that Shawn Fields unexpectedly changed his plea to guilty last week, and has been sentenced in the death of 17-year old Kennedy High School student Danny Marin.

The collision occurred on Laurel Canyon Blvd in Pacoima about 2 am on October 2nd of last year — exactly one year ago this weekend. Fields was allegedly drunk when he hit Marin, then drove home after initially stopping at the scene; police found him inside his home, sleeping on the couch.

In what was apparently a last ditch effort, Fields’ attorney attempted to have the evidence suppressed last month — including the results of Fields’ blood alcohol test — arguing that the arresting officers did not have a warrant when they entered his home, after he failed to respond when they knocked. The judge rejected that motion, ruling that the police had probable cause to arrest Fields and that there were exigent circumstances that negated the need for a warrant.

The prosecutor handling the case told Wheels that Fields pled guilty to vehicular manslaughter while intoxicated, and admitted to the special allegation that he fled the scene of Marin’s death.

He received a sentence of 7 years in state prison; with good behavior and the current prison overcrowding crisis, he can be expected to serve roughly half of that. Or less.

It won’t bring Danny back.

But at least Danny got the justice his death demanded.

……..

In other legal news, Wheels also offers the full details on the plea bargain accepted by Jaclyn Andrea Garcia for the allegedly drunken collision that nearly took the life of cyclist Adam Rybicki last April.

Rybicky was participating in a weekly, informal group ride known as the Doctor’s Ride shortly after 7 am on Sunday, April 3rd, when Garcia’s car headed straight towards the group on the wrong side of the road.

In the mad scramble to get out of her way, Rybicki was hit head-on, and another rider was injured when he was hit by the fender of Garcia’s car. Rybicki survived, in part, because an orthopedic surgeon happened to be on the ride that day.

Reports from observers at the scene suggest that Garcia and her companions seemed emotionless and unconcerned about the carnage they had caused; maybe because it was far from her first infraction. While Garcia denied it, many people who were on the ride that day have severely criticized the apparent lack of responsibility in the letter she wrote to the court.

Rybicki remains intubated in a rehabilitation facility; while he’s lost the sight in one eye, he is able to communicate using a white board. He reportedly continues to improve, but faces a very long road back to be anything close to the man he was before.

As reported here before, the plea deal will result in just one year in county jail for Garcia. However, Wheels reports that there are more conditions to her sentencing.

She was initially sentenced to three years in state prison, the maximum term allowed for violating CVC 23153(a), which prohibits driving under the influence of alcohol or drugs causing injury.

However, the sentence was suspended and she was placed on five years probation.  As noted, she will be required to spend 365 days in county jail; the judge specifically barred serving her time on house arrest. Other conditions include court fines and acknowledging that she’s agreed to a first strike under the three strikes law.

She’s also required to abstain from drug or alcohol use, enroll in a 3-month DUI class, wear a Lindsey Lohan-style SCRAM device for one year to detect alcohol use, submit to random drug testing, and install an ignition interlock device on her car.

How about just revoking her drivers license?

Permanently, preferably.

In addition, she will have to participate in the HAM/morgue program, seek and maintain employment approved by a probation officer, and agree to submit to searches by probation or other officers without probable cause.

A restitution hearing is scheduled for November 17th, and she’s scheduled to surrender for incarceration on October 6th.

While I think most of us would have preferred more jail time, it is a tough sentence in other respects. And if she violates the terms or commits another offense, she has that suspended prison sentence hanging over her head.

Personally, I wouldn’t bet on her making it through probation without screwing up.

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

79-year old Escondido cyclist killed in apparent solo wreck; Coroner rules Alan Deane death an accident

September 28, 2011 / / 5 comments

What started out as a very good month on SoCal streets has turned bloody for area cyclists.

After going nearly four full weeks without a fatal collision — and yes, that’s good for the heavily populated Southern California region that averages over one bike death a week — three riders have died in the last 10 days.

The latest is a 79-year old Escondido man who apparently died in a solo collision.

According to the North County Times, the rider, who has not yet been publicly identified, was found along the 400 block of East Mission Avenue in Escondido. He was taken to a local hospital where he was pronounced dead.

The Union-Tribune’s Sign On San Diego website reports that the victim was not wearing a helmet, and did not have lights on his bike. In this case, the lack of a helmet is relevant because this appears to be exactly the sort of slow speed impact that helmets were designed to protect against.

The cause of his fall is unknown;  however, police report that no other vehicles were involved.

Of course, it is entirely possible for a car to cause a crash, without leaving any sign, by cutting off a rider or passing too closely and causing the victim to lose control of his bike.

Unless a witness unexpectedly turns up, it’s unlikely we’ll ever know. But this could be exactly the sort of situation that SB 910, the 3feet2pass bill that’s currently sitting on the governor’s desk awaiting his signature, is designed to prevent.

Are you listening, Governor Brown?

This is the 54th confirmed traffic-related death in Southern California this year, and the 11th in San Diego County. That compares to an average of just under seven deaths each year in the San Diego area, and is just one below the 55 deaths recorded in the seven county SoCal region in each of the last two years currently on record.

It’s also the 5th fatal solo bike collision this year.

Update: The victim has been identified as Jerzy Nowak of Escondido; San Diego’s 10 News reports that there were witnesses who saw him fall, and confirm that no other vehicles were involved. 

……..

Meanwhile, the carnage continues in Pasadena, as another cyclist is injured in a hit-and run at the intersection of Walnut Street and Los Robles Ave; fortunately, he was not seriously injured.

And the death last week of popular cyclist and musician Alan Deane has been ruled accidental by the coroner’s office. What effect that will have on the police investigation remains to be seen.

Oddly, for someone whose death brought forth such an outpouring of grief, police have been unable to find Deane’s last known address.

Maybe you know where he was living?

……..

Of course, it’s not just Pasadena. Or Escondido, for that matter.

KABC-7 reports that a 15-year old bike rider was injured when he was struck by a hit-and-run driver on the 5500 block of North Victoria Avenue in Highland on Monday afternoon. He was taken to the hospital with a head injury; authorities are looking for the driver of a black, 1980s pickup truck.

……..

Finally, I’ve gotten word that Jeffrey Ray Adams, the driver accused of intentionally cutting off a cyclist in Santa Monica — then ranting about it in a video captured by the victim — missed a court appearance on Monday. As a result, I’m told that a felony bench warrant has been issued for failing to appear.

However, reports that the case has been upgraded to a felony charge appear to be incorrect. According to cyclist/attorney Dj Wheels, the District Attorney’s office still reports that the case has been referred to the Santa Monica City Attorney for misdemeanor filing, while the SaMo CA says the case is still under evaluation.

As he notes, however, it’s always possible that neither of their computer systems have been updated yet. We’ll check back in a few days.

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

Update: Second cyclist killed in Pasadena in less than a week; charges filed in Downtown L.A. death

September 24, 2011 / / 2 comments

Update: The victim has been identified as Alan Deane, a popular L.A. cyclist and musician; tragically, he died on his 61st birthday. There will be a memorial ride in his honor on Sunday the 25th, starting at 6 pm at Pasadena Memorial Park; a ghost bike will be installed at the site of the collision.

Update 2: the Glendale Noon Concerts wrote the following about Alan on Facebook:

The October 5th concert will be dedicated to the memory of Alan Deane, musician and devoted friend of the Glendale Noon Concerts, who passed away yesterday, September 22nd, his birthday. In his long career, Alan had been guitarist/vocalist for the Captain & Tennille, the Grass Roots, Johnny Rivers and countless television and film projects. He was also an actor and green transport activist.

Thanks to Vincent Chang for the link.

………

This has been a bad week for Pasadena bicyclists.

Just days after Jocelyn Young was killed in an alleged drunken hit-and-run after falling off her bike, news came today that another bike rider has died on the streets of Pasadena.

According to the Pasadena Star-News, the 61-year old Los Angeles resident, who has not yet been publicly identified, was riding east on the sidewalk bordering Colorado Boulevard when he entered the crosswalk at Terrace Drive at 6:13 pm Thursday.

He was hit by car driven by an unidentified 19-year old Pasadena man who was making a left onto Terrace Drive from the opposite direction on Colorado Blvd. The victim was taken to Huntington Memorial Hospital, where he died of his injuries.

Unlike the earlier case, in which Nicholas Avila allegedly fled the scene after running over Young, the driver remained at the scene. And not surprisingly, was uninjured in the collision.

The Star-News reports that the victim was not wearing a helmet; whether that could have made any difference remains to be determined.

The case is still under investigation; however, state law is unclear on whether it’s legal to ride a bike in a crosswalk.

A recent attempt to clarify the matter failed when the state legislature passed a law allowing bicyclists to ride along a crosswalk. It’s unclear, though, whether that means cyclists can ride in the crosswalk or next to it; the state Attorney General’s office has declined to clarify the matter despite repeated requests.

This is the 52nd confirmed bike-related traffic fatality in southern California this year, and the 18th in the Los Angeles area. It’s also just the 2nd cycling death in SoCal this month.

But even one is one too many.

……..

In another case, LAPD Sgt. David Krumer reports that charges have been filled in the death of a cyclist in Downtown Los Angeles last July.

This is the case in which the rider was initially reported to be collateral damage in a road rage dispute between two drivers; however, the road rage angle was quickly dropped by police investigators for lack of supporting evidence.

The driver, who has not been publicly identified, will face a charge of vehicular manslaughter. Sgt. Krumer identifies the applicable section of the penal code as section 192(c)2:

192.  Manslaughter is the unlawful killing of a human being without malice.

(c) Vehicular–

(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

I’m still working on getting the name of the victim, as well as that of the driver; while the victim’s Central American family has been notified, he has not yet been publicly identified.

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

No felony charges for Jeffrey Ray Adams, Venice NC approves Main Street road diet

September 22, 2011 / / 10 comments

Cyclist and attorney Dj Wheels reports that the D.A. has declined to file criminal charges again Jeffrey Ray Adams, and referred the case to the Santa Monica City Attorney.

Adams is the driver who allegedly intentionally collided with a cyclist in Santa Monica last month, then ranted about it on video, threatening the rider, witnesses and everyone within earshot.

To be honest, I’m not surprised.

While his behavior was outrageous, the rider’s injuries don’t support a felony filing under California law, which pretty much requires the loss of a major body part before any crime involving a moving motor vehicle is taken seriously.

And the rider didn’t help himself by sending an angry email to a number of local officials demanding justice just hours after the incident.

If the D.A.’s office saw that — and there’s every reason to believe they did — it could have played a significant role in their decision not to file.

Don’t misunderstand.

Adams’ actions were incredibly stupid, dangerous and offensive, and — in my personal opinion, anyway — should prevent him from ever operating a motor vehicle again. And if the law was better written, he’d be facing considerable jail time.

But felony charges were never likely in this case.

So now it’s up to Santa Monica City Attorney Marsha Jones Moutrie to provide some semblance of justice.

And get a dangerous driver off the streets before his aim improves and he kills someone next time.

……..

The Venice Neighborhood Council voted Tuesday to support the Main Street road diet and bike lanes after receiving support from cyclists and local residents — though not everyone agreed.

And in a pleasant change, the VNC asked LADOT to come back with more suggestions to make the plan safer for cyclists and pedestrians — unlike the recent controversy over the Valley’s Wilbur Ave road diet, where the “compromise” ended up making the bike lanes significantly more dangerous for riders.

LADOT opened the meeting by revising the plan to add 6” to each bike lane, taking the space from the center turn lane, after complaints that the lanes would place riders in the door zone.

Eric Weinstein reported from the meeting:

I think it was the community support for this project that carried the day. The VNC stayed late into the night to resolve and vote this project – you could see them getting tired of endless debate. The big majority voted for. Kudos to the chair (and the parliamentarian) for getting this voted. Should be striped and signed within a month or so. A very long process for some more lanes connecting Santa Monica to Windward Circle!

It’s not perfect.

But as someone who regularly rides both the pre-road diet L.A. and post-road diet SaMo sections of Main Street, I can tell you the much-derided Santa Monica section is much safer and more pleasant to ride, even if it could use improvement.

Hopefully, we can look forward to something better down the road.

But this should be a lot better than what we have now, for cyclists and pedestrians.

And drivers, too.

And on a related note, the LACBC’s Colin Bogart reports that the Burbank City Council voted to keep the bike lanes on Verdugo Avenue, by a vote of 3 – 2.

……..

The seriously anti-bike L.A. Weekly goes out of their way to take yet another needless slam at L.A. cyclists in an article trash found on the beach during Coastal Cleanup Day, as Simone Wilson writes:

• “Condoms all over the place,” according to the Times. Nothing new, says King. As common as plastic horses and bike kickstands. (Not so green now, are we, Team Bike!)

That might be a valid comment if cyclists were in the habit of throwing parts of their bikes into the ocean.

The Weekly somehow ignores the possibility that a bike kickstand might end up on the beach after a bike was stolen and dismantled for parts. Or that one of their own readers got riled up by the paper’s bike baiting and ran a rider down on the bike path, strewing parts everywhere.

No less likely than their implication.

Most likely, however, kickstands and other parts can simply fall off poorly maintained bikes as they ride down — wait for it — the bike path.

You know, the one that goes right along the beach.

Yeah, that could never happen, any more than you might find car parts along a highway.

Seriously, we had higher journalistic standards when I ran my high school paper.

Thanks to Kim for the heads-up.

……..

If you missed the first public session of the Dutch-sponsored ThinkBike this morning, you can still sign up for the closing session on Friday afternoon, followed by an after party at the new Angel City Brewing Downtown.

Richard Risemberg writes about riding with the Dutch experts on their way from LAX to Downtown on Wednesday.

Yes, they rode in. From the airport.

Doesn’t look like I’ll be able to make any of it, since the Royal Netherlands Embassy neglected to check with my wife’s plans for her vacation before scheduling the workshop, but twitter users can follow along at #ThinkBikeLA.

And despite attacks on cyclists from some misguided quarters, places with lots of cyclists — like the Netherlands, for instance — are safer for pedestrians, as well.

Then again, like some local weeklies we could name, the NY Daily News seldom seems to let the facts get in the way of a good story.

……..

Inspiring thoughts on what L.A. can learn from NYC. Help set the statewide biking agenda for 2012 in Downtown L.A. A ghost bike is planted in Pasadena for hit-and-run victim Jocelyn Young. Like the rest of the city, the Beverly Hills Whole Foods fails the bike-friendly test. The Source says we could soon see a few Bikestations in L.A.; maybe Beverly Hills could put one in to make up for everything else bike-related they lack. The Claremont Cyclist offers his usual great photos of last weekend’s ‘Cross at the Cornfield, and suggests if you can’t hear with your earbuds in, maybe you should take them out. Ashley Tisdale bikes Toluca Lake with a flat fat tire. The Long Beach Gazette says it’s time to prove the bike-friendly city’s bike plan is working. L.A. County offers a $10,000 reward in the killing of Pablo Ortiz, gunned down while riding his bike in Long Beach.

Corona del Mar’s cdmCylclist takes time out from bike touring the Erie Canal to visit the Baseball Hall of Fame. A San Diego area cyclist is seriously injured after apparently turning left in front of oncoming traffic — always wait until traffic is clear before turning, and watch out for speeders; thanks to Steve Herbert for the heads-up. Some good looking bike lanes make their appearance at San Diego State University; maybe that’s what USC needs. Bike San Diego reports that former NPR host Tom Fudge got back on a bike for the first time since he was injured in a cycling collision four years ago; by the way, if you’re not reading BSD, you’re missing some of the best bike coverage south of L.A. If you left your bike at Burning Man, maybe you can spot it here. San Francisco considers allowing bikes in commercial buildings to deter theft.

Consumer Reports says even celluloid cyclists should wear helmets. When a 20 minute-car trip can be replaced with a 10-minute bike ride, bicycling becomes the obvious choice. Turns out if you right hook a cyclist in Tucson, it’s the cyclist’s fault. Seriously. Not surprisingly, Portland developers cater to a two-wheeled clientele; thanks to George Wolfberg for the heads-up. A Seattle cyclist writes about having his life threatened by a laughing truck driver in an apparently deliberate assault. Licensing bikes is impractical, according to a Seattle radio host. A Sioux Falls driver gets a whopping 100 days in jail after mixing prescription meds and alcohol before blacking out and killing a cyclist; yeah, that’ll certainly send a message that it’s okay to get high and kill people. A Packer fan downs six beers and two mixed drinks before running down a cyclist. Former U.S. 5k champ Henry Dennis is killed when his bike is hit from behind by a drunk driver in Wisconsin; sounds like that state may have a drinking and driving problem, then again, what state doesn’t? Looks like Chicago will be the next big city to get a bike share program. A Chicago cyclist takes Critical Mass to task, as well as repeatedly promoting his own book. No airhead beauty queen here, as Miss Ohio pedals 850 miles across the state to raise money and awareness for Children’s Miracle Network Hospitals. What sentence would you give a drunk driver who ran down a cyclist at 6 am on his way home from a strip club? Richmond VA will host the 2015 world road championships.

The Vancouver Sun reminds drivers to check their mirrors before opening doors; we should all send them a thank you card. Britain’s bike clubs are booming. Is it really a Cycle Superhighway if you have to get off your bike and walk it — on a barricaded sidewalk, no less? Brits debate just whose road it really is. Italian authorities implicate Lance Armstrong in paying the reputed doping doctor he claimed to stop seeing in 2004; meanwhile, Levi leaps to Quick-Step. Video of the recent European record 80 mph bike ride. Pot, meet kettle — the European Automobile Manufacturer’s Association claims bicycling is a luxury few can afford. Fast cyclists live longer than slow ones. So there.

Finally, the Lovely Bicycle encounters our own framebuilder Megan Dean at Interbike, and likes what she sees; then again, doesn’t everyone?

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

Major road rage chutzpah, Jeannie Longo breaks my heart & LA’s anti-harassment ordinance spreads east

September 18, 2011 / / 4 comments

In an unbelievable display of chutzpah, the driver accused of running down a Highland Park cyclist in a road rage assault has spoken out against bikes lanes on North Figueroa.

According to the Highland Park-Mount Washington Patch, Louis Mraz used a recent meeting of the Mt. Washington Homeowners’ Alliance to warn that efforts by the recently formed Figueroa for All initiative could return the street to a single lane for cars and one for bikes, like it was in the ‘40s when the Red Cars reduced vehicular traffic to one lane in each direction.

Like that would be a bad thing.

Except for impatient road raging drivers, of course.

He went on to suggest that cyclists should be routed to less-traveled streets, warning that North Fig could soon become “jammed with bikes.”

Then again, he seems to take offense if there’s just one bike in his way. Or at least, that’s what he currently stands accused of.

Maybe it’s just me.

But I’d think that when you’re facing charges for a vehicular assault against a cyclist, it might be wise to keep any obvious anti-bike bias to yourself.

Especially if it’s not the first time you’ve been accused of a road rage attack.

……..

Tell me it ain’t so, Jeannie.

The legendary Jeannie Longo is under investigation for dodging dope tests, while her husband stands accused of buying EPO on her behalf.

This one just breaks my heart.

Longo is — or was — one of the greatest cyclists of all time, and certainly stands as one of the best I’ve ever had the privilege watching ride to victory. If she’s cheating, it raising the question of just how long and when she started. And casts pall on a career that’s lasted through parts of five decades.

And if one of the greatest riders of our time is cheating, then who isn’t?

Maybe Greg LeMond is right, and just about everyone except him is dirty. Or everyone after him, anyway.

Even teams famously dedicated to riding clean face problems, as HTC-Highroad rider Alex Rasmussen is fired from the team and suspended by Denmark’s cycling federation after missing three drug tests in 18 months.

It’s starting to look like a clean pro cyclist is about as rare a clean college football program.

……..

L.A.’s groundbreaking bicyclist anti-harassment could soon spread east as Washington DC considers a similar ordinance in the wake of a deliberate assault on a rider.

……..

Seattle’s bike-friendly mayor says it’s time to stop finding fault and start finding solutions to the city’s recent rash of bike deaths — including a rider who may have been killed by a bad bikeway design. And The Stranger says as long as cyclists are dying, if people want to think there’s a war against cars, then maybe there should be.

Meanwhile, a Seattle author takes cyclists to task for failing to share the road.

She’s got a point. But seriously, if a cyclist is pounding on your car when you’re busy taking on the phone — hands-free or otherwise — there’s a reasonable chance you may have done something to deserve it.

Just saying.

……..

A very positive year for L.A. cyclists — though the notoriously anti-bike L.A. Weekly bizarrely calls it ass-kissing — leads to an honorable mention from the League of American Bicyclists. New LADOT General Manager Jaime de la Vega says L.A. is committed to becoming a more bike-friendly city. L.A. will soon get its first green bike lanes on 1st Street, and the Reseda Blvd bike lanes are now complete from Roscoe to Parthenia. Joe Linton explores the new Cahuenga Blvd bike lanes, the first to reach Hollywood. The BPIT agenda for October is officially unveiled. Bikerowave will host a swap meet on Sunday, October 2nd. Check out the shiny new CicLAvia website. Long Beach gets a new bike station. Thousand Oaks passes on hosting next year’s Amgen Tour of California. A mountain biker is killed by a train while riding on the tracks in Redding. A bike-riding Santa Cruz bank robber faces sentencing after pleading no contest; something tells me he’ll serve a lot more time for stealing money on a bike than most drivers get for killing someone on one. In a case that didn’t smell right from the beginning, CHP reverses itself to rule that a Los Altos Hills cyclist wasn’t responsible for the collision that killed her after all.

After beating back a challenge to bike funding in the federal transportation bill, Senate Majority leader Harry Reid says biking facilities are absolutely important. Defending Olympic time trial champion Kristin Armstrong is replaced by Amber Neben on the U.S squad for the World Championships. A Dutch student becomes the world’s second fastest cyclist at 82.81 miles per hour in a Nevada desert. Cyclists take to Boulder CO’s new 40-acre off-road bike park. The New York Times says don’t forget to pack your folding bike when you travel, while the bike wars continue in the letters to the Times; heads-up courtesy of George Wolfberg. NYC chooses Alta to run its bike share program. A Maryland woman becomes an unintended bike activist after a motorist is fined $507.50 for killing her bike-riding husband.

Mexico City cyclists ride to reclaim their streets following threats from a journalist. Brazil plans to devote 15% of all traffic fines to promote cycling. A Canadian writer concludes that law-flouting kamikaze bikers have declared war on pedestrians. A UK cyclist suffers a broken collarbone after being intentionally rammed in a road rage incident, while Sussex cyclists are being pelted with eggs. Pink Floyd’s David Gilmour has to tear down his beachfront bike hut. Surrey police target inconsiderate cyclists with a possible £1000 fine; link courtesy of Bob Davis. Bikes will soon be allowed on a Yorkshire pathway for the first time in 150 years. Hugh Jackman rides a Brompton. Sleek, sturdy wooden bikes that actually ride like, well, bikes. The NY Times swears Copenhagen pedestrians feel squeezed out by the city’s cyclists. Cyclists and drivers fight for supremacy on German roadways; Dave Moulton asks when cyclists in bike-friendly countries cross the line to become unfriendly to everyone else on the road. A Queensland cyclist remains unidentified after a fatal cycling collision — which is why you should always carry ID when you ride. China is falling back in love with the bicycle.

Finally, in case you missed it, an Orange County driver takes a short cut directly through Mission Viejo’s Rock N’ Road Cyclery. And Der Spiegel says L.A., here I come. No idea what it says, but the pictures are nice; thanks to Dr. Michael Cahn for the link.

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