Archive for Legal Cases

Three years for Swarzman killer, help shape L.A. cycling policy & the L.A. Weekly continues its anti-bike crusade

And just like that, it’s over.

Joseph Ricardo Fernandez was sentenced to three years in state prison today for the hit-and-run death of Encino ultra-distance cyclist Jim Swarzman last April.

As you may recall, Swarzman was riding along Highway 101 in the Leucadia neighborhood of Encinitas with his fiancé and another man when he was hit by a truck driven by Fernandez.

Actually, hit is a mild term; his fiancé, Nicole Honda described the collision as an explosion as she watched Swarzman fly past her through the air, while the driver continued down the highway without even slowing down.

Fernandez turned himself in a day later, reportedly telling police investigators he thought he might have hit something over the weekend.

Though how you manage to hit someone with that much force without knowing it will forever be beyond me.

After Fernandez waived his right to a jury trial, he was convicted of felony hit-and-run causing death in a two-day bench trial conducted by Vista Judge K. Michael Kirkman, facing a possible four years in prison.

Instead, he got three.

Three years for plowing down another human being and leaving him in the street to die.

Oh wait.

Although I suppose we should be grateful the Fernandez got any time at all. I’m glad he was sentenced for his crime, even if he did get less than the maximum sentence.

But this is one time when the time does not fit the crime. Maybe now that the trial is over, we can finally find out why Fernandez only faced charges for hit-and-run, rather than being charged with actually causing Swarzman’s death.

And if the rumors are true about the judge blaming Jim Swarzman for improper lane positioning, in what would seem to be a basic misunderstanding of bike law.

Update: San Diego’s 10News reports that Fernandez was sentenced to just two years in prison, rather than three. No explanation yet on the discrepancy.

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If you’re not doing anything tonight, drop by the Pitfire Pizza at 108 W. 2nd Street in Downtown Los Angeles at 7pm. And help set the agenda for cycling in the City of Angels.

Because, as of this month, I’m taking over for Stephen Villavaso as Chair of the LACBC’s Planning Committee.

Don’t get me wrong.

Stephen’s done a great job in chairing the committee. Quite frankly, I would be just as happy, if not happier, if he’d been able to continue in the role. And I want to thank him for all the hard work he’s done as Chair, and hope he’ll continue to offer his invaluable insights as a member of the Planning Committee.

However, any change in leadership provides an ideal opportunity to rethink the role of the committee, as well as the projects and policies we want to pursue.

As a result, the primary topic of this month’s meeting will be a discussion of exactly what the Planning Committee is, and what you’d like to see come under its heading. I hope to conclude the meeting with a clear agreement on the role and future direction of this committee.

In addition, I’d like to begin a discussion of the programs and policies we want to support on a state and local level. This doesn’t have to be limited to anything that is currently under discussion within the LACBC or anywhere else. Use your imagination to come up with solutions that could make bicycling better, safer and/or more enjoyable for bike riders in California, L.A. County, or in your own neighborhood and the areas you ride.

I have my own ideas. But I really want to hear your thoughts as we shape an agenda for the months to come.

I’d like to personally invite everyone to attend. You don’t have to be a member of the Planning committee, or even a member of the LACBC. If you ride a bike in Southern California, or care about those who do, we want to hear from you.

Because the more voices we hear from, the better our work will reflect the attitudes and desires of the local riding community.

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Note to Dennis Romero of the L.A. Weekly:

You didn’t encounter a shitstorm of criticism because you expressed your opinion about L.A.’s bicyclist anti-harassment ordinance. You were deservedly taken to task because you blatantly misrepresented the new law.

And continue to do so.

Attorney Bill Blum may or may not make some valid points in his Op-Ed in the L.A. Daily News — though you’d think any lawyer worth his salt would know that neither drivers or cyclists are a protected class under the Equal Protection Clause.

Let alone that the laws regarding cyclists and drivers are not, and were never intended to be, symmetrical in their application to each. The courts have long accepted that drivers can be required to have a license —which can be taken away — because of the threat their vehicles pose to everyone else on the streets. On the other hand, cyclists don’t require a license precisely because we pose so little risk to those around us.

So much for the courts requiring that both be treated equally.

Yes, we may piss you off.

But the biggest risk most drivers face from cyclists is that we may get a little blood on your paint when you run us over.

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I’m facing a busy work load this week — the first time in months I’ve had as much, if not more, paying work on my plate as I can handle. So let me offer my apologies in advance if I don’t manage to post as much or as often as usual.

Besides, I’ve got a committee to chair.

On the other hand, that makes it a perfect opportunity to submit a guest post of your own. So if you have anything you’d like to say on any subject directly or indirectly related to bicycling, just drop me a line at bikinginla at hotmail dot com. Whether you agree with me or not.

And yes, that includes Mr. Romero.

Family member reacts to Tuesday’s hearing for Stephanie Segal, accused killer of cyclist Jim Laing

The Laing family; Jim is in the center, his sister Peggy is on his right

This past Wednesday, a hearing was scheduled at the Malibu Courthouse for Stephanie Segal, the driver accused of killing popular cyclist Jim Laing in a drunken hit-and-run in Agoura Hills last October.

I had planned to attend until last minute obligations kept away. However, I just received an email from Peggy Krause, older sister of Jim Laing, who filled me in on everything I missed; she graciously agreed to let me share her thoughts with you.

Hi Ted – Hope you remember me.  I am Jim Laing’s sister, Peggy Krause.

I was waiting for the hearing for Ms. Segal to take place in order to write you and that time has come. Yesterday, September 7th, was Stephanie Segal’s final Pretrial hearing before Judge Lawrence Mira in Malibu Courthouse. Thanks for keeping tabs on the status of her case in your last few newsletters. Although there were no cyclists in jerseys present at the hearing, our family is grateful for your support.

The reason for this hearing was primarily for Victim Impact Statements. My whole family wrote Victim Impact Statements and sent them to Judge Mira and we were each provided ample time to present them verbally in court to the Judge. My mother went first. I accompanied her to the podium where we were to deliver our statements, as she was too distraught to stand on her own. Stephanie Segal was, in fact, present at the hearing, with her attorney… Only a few feet away from us. My Mom started her statement with … “I loved my son from the day he was born” and wept through her entire speech, ending with a statement to Ms. Segal to the effect that she hoped someday she could do something good in her life by helping others to avoid another tragedy such as this. It was heartbreaking and the entire courtroom was visibly moved, including Judge Mira and his clerk.

Afterward, there was at least 30-45 min. of negotiations at the Judge’s bench between the Senior D.A., Ms. Segal’s attorney, and Lulu’s private (civil) attorney…heated discussions and audible objections from Lulu herself directly to the Judge. It seemed like an eternity. Counsel were so far apart on the length of time for Ms. Segal’s incarceration and Ms. Segal’s offer was vehemently unacceptable to us. That being said, the Judge declared sentencing would be postponed until October 27, 2011 at 10:00 am. By the way, Ms. Segal has NEVER changed her plea of “Not Guilty”.

Afterward, the D.A. and an independent counsel who was there in the courtroom approached our family on the courthouse steps stating that it had been a very long time since they had seen a family so gracious and dignified towards a defendant who had taken a family member’s life. They assured us that it had a profound effect on the Judge’s decision that day versus if no family had been present or made statements in court. It was an unexpectedly good feeling of relief in that justice actually may be served in this case. It was without a doubt the best thing we could have done for Jim.

I attached my Impact Statement in lieu of a statement right after Jim’s death. This case is not only about Jim, but about ALL cyclists… That this type of behavior CANNOT be tolerated. There must be a precedence set for this type of crime. As my statement sets forth, I personally will NEVER feel the same when I ride now … Always looking over my shoulder with trepidation and an abundance of caution in my heart that frankly was never there before.

I also attached a recent picture of our family: Jim’s in the center I’m in yellow shirt on Jim’s left. Thank you again, Ted. You have been invaluable to our family and to the cause of all cyclists out there.

Peggy

……..

Here’s is the Victim Impact Statement that Peggy Krause submitted to the court (click to enlarge). I hope you find it as moving as I do.

LBFD’s John Hines guilty, 3feet2pass passes and L.A. Weekly goes off the deep end

You can now remove “alleged” from any reference to John Hines.

The Long Beach Fire Captain, scion of one of the city’s leading fire fighting families, changed his plea to guilty in Orange County Superior Court on Tuesday.

He was convicted on three felony counts — driving under the influence, driving with a blood alcohol level in excess of .08, and hit-and-run, as well as sentencing enhancements for having a BAC over .20 and causing great bodily injury.

Hines will serve a 90-day diagnostic evaluation in state prison to determine whether he is suitable to serve a sentence in the state penitentiary. After his release, he will be sentenced on December 2nd at the Central Justice Center in Santa Ana; potential penalties range from probation to up to six years and eight months behind bars.

Hines reportedly spent the morning of April 1st drinking at the Schooner or Later bar in Long Beach before getting behind the wheel of his truck. Around 1:20 pm, he swerved into the bike lane on Westminster Ave in Seal Beach and plowed into the bike ridden by 47-year old Jeffrey Gordon.

Gordon was thrown over 70 feet, suffering critical injuries including severe lacerations, spinal injuries and head trauma; according to the Orange County Register, he was hospitalized for two weeks, and continues to suffer from limited physical mobility, as well as speech and memory loss.

Meanwhile, Hines fled the scene without slowing down; witnesses followed him to his home where he was arrested with a BAC of 0.24.

I have no idea why he needs to be evaluated for suitability for state prison; most inmates are simply sentenced without any say in the matter.

But we can only hope the judge imposes the maximum sentence.

Anyone who is trained to save lives, yet is so drunk and heartless as to leave a man laying broken and bleeding in the street does not deserve to walk free.

Or ever drive again.

Thanks to Rex Reese, Jim Lyle and an anonymous source for the heads-up.

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California cyclists may now enjoy a little cushion from passing vehicles, as the State Assembly passed SB 910, the 3feet2pass bill, by a margin of 41-20.

Do I really need to point out that 16 of the no votes came from the Republican side of the aisle, as the California GOP has swung so far to the right they feel a kneejerk need to oppose virtually everything?

However, six Republicans retained sufficient common sense to vote for the bill, while four Democrats felt California drivers still deserve the right to buzz cyclists as long as they don’t actually make contact.

What still remains to be determined is whether the dangerous exception allowing drivers to pass at less than three feet, as long as they slow to 15 miles above the speed of the ride, remained in the bill or was removed in amendments as we have been repeatedly promised.

In other words, if you were riding at 20 mph, a driver moving at up to 35 mph could pass you as close as they wanted as long at they didn’t actually hit you; yeah, good luck with that. And yes, that exception would be every bit as confusing and unenforceable as it sounds, forcing both drivers and police to guess how fast you’re riding.

And yes, it was still in the most recent draft of the law posted online on August 30th.

Let’s hope it really was removed.

Or this will be nothing but feel-good legislation that could actually make it more dangerous for California riders.

Update: Eric B and billsd wrote to correct my reading of the most recent draft of SB 910. The law has in fact been revised to remove the 15 mph passing exemption; it now allows drivers to pass at less than three feet only at speeds of 15 mph or less. Thanks to both for the correction.

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I’ve heard from a number of cyclists who are concerned about a rumor in the case of Joseph Fernandez, the driver convicted of killing Encino endurance cyclist Jim Swarzman.

They’re worried that judge K. Michael Kirkman may have found that Swarzman contributed to his own death though improper lane positioning by failing to ride far enough to the right. As the comment linked to above points out, that would suggest a basic misunderstanding of both state law and commonly taught safe riding practices.

As a result, I reached out to cyclist and attorney Dj Wheels, who looked into the question for me.

According to Wheels, it’s unlikely that the judge would have made a ruling like that, since it’s unrelated to the charges against Fernandez. He’s been found guilty of hit-and-run causing serious injury or death, rather than the death itself.

In other words, Fernandez was convicted of leaving the scene, not killing Swarzman — which makes where Swarzman was positioned  in the lane, and whether he contributed to his own death, irrelevant to this case.

As Wheels points out, that may be a matter that will be addressed in the civil case.

However, if anyone who was actually in the courtroom when Fernandez was found guilty has other information, please let me know.

Fernandez is scheduled to be sentenced on September 12th in San Diego Superior Court in Vista; he faces up to four years in prison, case #CN290834.

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Finally, did the L.A. Weekly deliberately lie about L.A.’s new cyclist anti-harassment ordinance? Or was it a case of journalistic incompetence and failure to fact check?

A blog post by Dennis Romero suggests that the new law will clog the courts with cyclists retaliating for the slightest insult.

Really. The law goes into effect today. (Ed. Actually, it was Monday, but who’s counting?) We can just imagine the court testimony:

Bicyclist: He called me an asshole.

Driver: Your honor, I would like to submit that he is an asshole, and that free speech is protected, especially when one speaks the truth.

And he concludes with a reminder abut First Amendment rights:

Added: Interestingly, we recall that court rulings over the years have held that even swearing at police is protected speech. Guess the bicycle gets more respect than the badge at L.A. City Hall.

Of course, as virtually every commenter on the story has pointed out, he is completely and totally wrong. (I particularly enjoyed the comment from local bikewear manufacturer swrve.)

Mere insults aren’t addressed by this law. In fact, as LAPD Sgt. Krumer pointed out, you can call a cyclist any damn thing you want and be perfectly within your rights. Although at this point, calling someone an L.A. Weekly reader could be particularly hurtful.

What you can’t do is threaten the life or safety of a cyclist, either through words or actions.

That’s it.

Don’t say “I’m going to kill you,” or attempt to run a rider off the road — or imply you intend to — and this law will never apply to you.

And for his suggestion in the comments that most cyclists will never read the law, so they’ll file countless worthless cases anyway, no lawyer is going to take a case unless he or she thinks they have a reasonable chance of winning.

Which means there has to be evidence and/or witnesses to support it. And even if a lawyer did take such a case, the courts wouldn’t hesitate to throw it out.

Which takes us back to the Weekly’s false and inflammatory story, which can only put cyclists at greater risk of actual harassment from angry drivers who might believe their load of crap.

So I demand — yes, demand — a complete and full retraction from the Weekly, as well as a public apology from the author.

And I hope you’ll join me in doing the same.

Thanks to Evan G. for the tip.

Be careful riding around schools, no news is very good news, and alleged Alvarado killer will face trial

School is back in session almost everywhere now.

So be especially careful riding around schools, particularly at times when parents are dropping off or picking up children. Someone passing by on a bike is likely to be the last thing they’re looking for in the mad rush to get back to their school routine.

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Keep your fingers crossed.

Despite seeing countless reports of cycling collisions throughout the U.S. and around the world — just a handful of which you’ll find below — I haven’t gotten any news of serious cycling incidents in the SoCal area.

I always hold my breath on three day weekends — the 4th of July was particularly bad. And sometimes, it takes a few days for news to filter in, as the press returns to work and police reports slowly leak out.

But in this case, no news really is good news.

……..

Dj Wheels reports that motions to dismiss or reduce the charges against Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, have been denied.

However, he still gets to travel to Texas to play soccer with his teammates, 17 months after his alleged victim was run down.

William Gladstone was right.

Meanwhile, Long Beach Fire Captain John Hines faces a preliminary hearing today in an Orange County courtroom for critically injuring a cyclist in an allegedly drunken Seal Beach hit-and-run. Maybe he’ll meet Renato Demartino, who is scheduled for a hearing today in the same courthouse; he’s accused in the Tustin hit-and-run death of cyclist Marco Acuapan last April, four months after Demartino allegedly ran him down.

I wonder what they would talk about.

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New bike lanes hit the pavement on First Street in Boyle Heights. Meanwhile, Zeke’s L.A.-based brother Dave reports that work has begun on new bike lanes on Cahuenga Blvd from Franklin to near the Hollywood Bowl; eventually, they should reach all the way to Lankershim.

But don’t hold your breath.

……..

Damien Newton wants your questions for bike lawyer Howard Krepack. The next meeting of the nearly named group to re-envision North Figueroa as a Complete Street takes place at 7 pm on Friday, September 9th at Flying Pigeon Bike Shop, 3714 North Figueroa. New signs pop up urging cyclists to share the L.A. River Bike Path with pedestrians in Elysian Valley. Santa Monica’s Ocean Park Blvd should soon be a significantly greener — and bike-friendlier — street. Santa Monica Spoke invites you to RSVP for dinner, bikes and cupcakes with Elly Blue. A driver reports hitting a bike in the HOV lane on the 10 Freeway in Baldwin Park, but no word on whether it was being ridden or just laying in the lane; we’ll hope for the latter.

HuffPo offers more than your daily dose of celebs on bikes; thanks to Rex Reese for the heads-up. Cyclists and motorists owe each other respect. According to Tucson Velo, a driver accused of hitting and killing a cyclist had previous DUI arrests; nice work keeping a dangerous driver on the streets until he finally killed someone. Tour de Fat draws 12,000 cyclists in my hometown of Fort Collins CO; it will be here on October 8th. After an Idaho boy’s new bike is stolen, replacement offers pour in. A Missoula cyclist is found dead on the sidewalk in an apparent solo collision; of course, as cyclists know but police can’t seem to figure out, you don’t have to actually hit a rider to cause a cycling collision. A Minnesota triathlete dies one month after a mountain biking accident in Colorado. A Vermont cyclist died after bypassing barriers closing a road damaged by Hurricane Irene; seriously people, when the road is closed, there may be a reason for it. A New York cyclist is killed after running a red light; that’s why you don’t do that, people. Cyclists open fire near the nation’s capitol; thanks to DC for the heads-up. A 75-year old Florida cyclist is killed by an 84-year old driver in a SMIDSY;* fortunately for the driver, failure to see your victim is the universal Get Out of Jail Free Card — especially in Florida.

Toronto Streets should be a delight, not a hospital waiting room. The Cycling Embassy of Great Britain officially takes flight; now the hard work begins. Progress is slow on London’s cycling revolution. Potholes in Sheffield UK threaten that city’s bid to host a stage of the Tour de France. Great bike art from Dublin. Instead of making the roads safer, Aussie authorities idiotically consider making hi-vis vests mandatory for all cyclists; maybe that way drivers will finally see the riders they run down. Another pro team bites the dust, as the Scheck brothers’ Leopard-Trek team merges with Team RadioShack and a bunch of riders prepare to get the boot. Investigation shows pro cyclist Riccardo Ricco gave himself a botched transfusion. A Chinese banking official is held for killing a cyclist while driving drunk.

Finally, David Hembrow reads L.A.’s new bike plan, finds it critically lacking and concludes we’re being fed a line. And the Economist says America is no place for cyclists, with a few notable exceptions.

*Sorry Mate I Didn’t See You.

Jeffrey Ray Adams and the Santa Monica road rage case — call it Dr. Thompson lite

View of collision site shows how hard driver had to turn to cross center median; photo courtesy of Steve Herbert

Some of you have wondered why I haven’t written about the Santa Monica road rage assault that took place one week ago Thursday, other than a brief link earlier in the week.

It wasn’t for lack of trying.

I first became aware of this case on Saturday morning when a reader named Joy forwarded an email that had been sent to members of the Conejo Valley Cyclists.

In it, the author — who I won’t identify, since he hasn’t been publicly named by other news sources for reasons that escape me— told his side of the incident that occurred on Barnard Way on the evening of August 25th.

He described an ongoing dispute that continued as he rode down the street, as an angry driver repeatedly cut him off, gesturing and swearing. The rider responded by swerving into the paved median area, planning to pass the driver on the left when the car stopped for a stop sign. Instead, the driver, Jeffrey Ray Adams, cut sharply to the left across the rider’s path, causing a collision — apparently intentionally, in an incident all too reminiscent of the infamous Mandeville Canyon case.

Then to make matters worse, Adams continued to threaten the victim, as well as bystanders who intervened to protect him, in a video capturing the events that followed the collision.

I immediately reached out to both the victim and to Sgt. Thomas McLaughlin, the Santa Monica Police Department’s new liaison to the cycling community — sort of like LAPD Sgt. Krumer, but taller and closer to the coast.

Sgt. McLaughlin responded quickly to let me know he was off that day, but would pull the file the following day (Sunday) and get back to me.

As for the rider, I never heard back.

Which is odd, since he followed up on his first email with another directed to some 30 recipients, including members of the LACBC, Los Angeles Times and Santa Monica City Council, among others, asking them to report the story and demanding justice.

Note to cyclists: If you want someone to tell your story, trying responding to emails offering to do just that. Just a hint.

Meanwhile, Mihai Peteu of Bikeside broke the story later that night, with a link to the same information that Sgt. McLaughlin had offered to pull for me the next day. His story provided the name of the driver, as well as reporting that Adams had been booked on a charge of Assault with a Deadly Weapon and released on $30,000 bail.

Sgt. McLaughlin confirmed that Bikeside’s story contained all the relevant information he would have been able to give me from the incident report. And since Mihai had already reported everything I knew — and even turned the You Tube video the right way — I was more than willing to let them run with it.

Meanwhile, the story was soon picked up by the Santa Monica Mirror, LookOut News, Santa Monica Daily Press and L.A. Weekly. Although the first, and best, of news report came in a detailed story from the Canyon News.

Which meant that there was really no point in writing about it until I had something to add.

Which is, simply, this.

While cyclists are justified in their outrage over this dangerous and deliberate assault, this is not another Mandeville Canyon, despite the similarities.

In that case, the driver jammed his brakes directly in front of two riders, resulting in serious injuries to both, simply because they were in his way. Then the Good Doctor, who made his living treating trauma victims like the two he had just created, stuck around expecting a pat on the head from the responding officers. And was shocked to find himself cuffed in the back of a patrol car, because he’d gotten away with it before.

In this case, there was an ongoing dispute between the driver and cyclist; what started it, we have no idea. Although the rider’s initial email suggests the driver may have simply been pissed off to find himself stuck behind a cyclist on a road too narrow to allow passing, even though said rider said he was traveling at the 25 mph speed limit at the time.

But despite the outrageousness of the driver’s attack in turning directly into the path of the rider — then repeatedly claiming the rider hit his car and trying to goad witnesses into a fight — the bottom line is that the cyclist apparently suffered only minor injuries.

Or at least, what’s considered minor under the law. And under California law, that makes the crime a misdemeanor, rather than a felony. Even if his $3,000 bike was totaled.

Which is why Adams was out on just $30,000 bail within hours of his arrest.

The incident is still under investigation. And chances are, Adams will end up facing charges; his actions were clearly deliberate, there were too many witnesses and he made far too many stupid statements in front of a camera.

Unfortunately, it’s not against the law to be an idiot.

Or a jerk.

Then again, if it was, I could have faced my third strike years ago.

Whether he’ll do any time is another matter. Especially considering that Jaclyn Andrea Garcia is looking at just one year in jail — or in reality, six months or less — for nearly killing a cyclist while driving drunk, despite being underage.

And writing every council member in the City of Santa Monica won’t make a damn bit of difference.

What will make a difference, for other riders who find themselves in similar situations — and no, this is not the first time something like this has happened and it won’t be the last — is to get yourself out of it. Whatever it takes.

I’ve learned the hard way that it doesn’t pay to have an angry driver behind you. Or in this case, in front of you.

Or beside you, for that matter.

So when a driver rages, pull over and let him pass. Or take the next turn and go a different way, as I did recently in a similar situation just blocks from where this happened.

And no, it wasn’t the same guy. Which means there are at least two of them out there roaming the streets of Santa Monica.

It’s not always easy. But it’s just not worth it to confront a threatening driver armed with a multi-ton four-wheeled weapon of mass destruction.

Especially now that the newly passed L.A. cyclist anti-harassment ordinance will become law on Monday. Not that it would help in Santa Monica, of course.

Just take down the license or grab a photo if you can, note any other details, and get the hell out of the way.

And never, ever flip off the driver behind you.

Trust me on that one.

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

……..

In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

SaMo cyclist deliberately assaulted; alleged Jorge Alvarado killer plays soccer in Texas

I’ve gotten reports of an intentional assault on a cyclist in Santa Monica on Wednesday.

Cyclist Will Ashe sends word that the driver of a black Lexus GS 470 deliberately rear-ended another rider on Colorado Ave, then fled the scene. Police were called, but the victim got the license plate number wrong.

I can tell you from personal experience that it’s hard to get the number right when you’re trying to pick yourself up off the pavement.

Be on the lookout for a car that meets that description driven by an African-American man. But remember that there are probably hundreds of cars like that on the Westside.

So don’t get carried away.

Call the police, and let them deal with it.

Update: In my rush to get this online last night, I neglected to mention that the rider is okay, though the bike has a tacoed rear wheel.

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Good news and — to me, at least — maddening news on the legal front.

Cyclist and attorney Dj Wheels reports that the judge has denied a motion to suppress evidence in the case of Shawn Fields; the allegedly drunk hit-and-run driver is accused of killing 17-year old cyclist Danny Marin in Pacoima last October.

The defense had argued that police did not have a warrant when the entered Fields’ house after he did not respond when they saw him sleeping inside. As a result, they wanted everything officers observed after entering the home suppressed, as well as the results of blood alcohol and field sobriety tests.

However, the judge ruled that the police did the right to enter the home based on probable cause and exigent circumstances.

The next court date is pre-trial hearing scheduled for September 20th at the San Fernando courthouse, case # PA068775.

Meanwhile, in the case of Patrick Roraff, the teenage driver accused of killing pro cyclist Jorge Alvarado while street racing in April of last year, has had his pretrial hearing delayed until September 1st, case #SB – FSB1002475.

Wheels reports that attorneys for Roraff and co-defendant Brett Morin have both filed motions to have their charges dismissed for insufficient evidence; Roraff has also filed a motion to have his charges reduced from felony manslaughter to a misdemeanor; I’m told that both motions are routine.

Don’t go looking him around here next month, though. Despite the seriousness of the charges he faces, the judge had given Roraff permission to travel to Texas with his school soccer team.

So let me get this straight.

Despite — allegedly — killing another human being because he couldn’t resist the urge to illegally race another driver, he gets to play soccer with his friends, while Jorge Alvarado’s family and loved ones face going on without him.

Am I the only one who finds that more than a little infuriating?

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The California Bicycle Coalition calls for action to support AB 345 to give cyclists and pedestrians the voice with Caltrans we should have had all along.

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Intriguing idea, as Streetsblog’s Damien Newton reports — and supports — an idea floated by the city’s Bicycle Advisory Committee to elevate the planned Expo Bikeway over several busy Westside intersections.

And speaking of Streetsblog, Damien looks at bike-friendly Long Beach this week.

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Looks like someone is deliberately trying to sabotage courses for next week’s USA Pro Cycling Challenge in Colorado. Evidently feeling a need to attack all former Tour de France winners, Floyd Landis accuses Alberto Contador of doping by association; he’s no doubt looking for dirt on Cadel Evans as we speak. Meanwhile, the Cadel effect results in an upsurge of interest in cycling Down Under. Vincenzo Nibali will defend his title in the Vuelta. Twenty-year old Portland racer Jacob Rathe goes pro with top-tier team Garmin-Cervelo; evidently, Taylor Phinney isn’t the only pro cycling prodigy.

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A writer for the Baltimore sun reminds us that bikes can kill, too.

However, a tiny bit of perspective might be helpful — you can count the number of people killed by bikes each year on one hand and still respond with the inappropriate gesture of your choice, while motor vehicles kill well over 30,000 people a year in the U.S. alone.

Of course, the people who hate bikes also tend to forget that colliding with a pedestrian is just as likely to result in serious injuries or death to the cyclist. And it isn’t always the cyclists’ fault. But maybe the solution is as simple as better infrastructure.

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LACMA will offer a free screening of Pee Wee’s Big Adventure this Friday. More on the new 7th Street road diet and bike lanes from EcoVillage, CicLAvia and LADOT Bike Blog; I rode them myself Wednesday evening, but I’ll save that story for another day. Bicycle Fixation offers a lovely look at a bike Sunday in Santa Monica. CicLAvia expands into South L.A. and Olvera Street and Chinatown. C.I.C.L.E. says studies show exercise increases lifespan, so why aren’t we? A look back at biking in L.A. circa 1901. Photos from the newly upgraded section of the Ballona Bike Path in Culver City. UC Irvine makes a dent in campus bike thefts by arresting five suspected thieves, one for the third time; does the third strike law apply to bike theft? Meanwhile, Manhattan Beach police arrest another four bike thieves; 9 down, a few thousand or so to go. Live 4 Bikes, a new bike shop is officially opening in Bellflower this weekend, and offering free tune-up for the first 50 customers. Temple City plans to install protected bike lanes on Rosemead Blvd. The Claremont Cyclist asks why the recent stories about deaths in Yosemite ignored the park’s leading killer. Sometimes, when everything goes wrong it turns out better. After a flurry of activity by local advocates, Newport Beach’s illegal, though long-standing, ban on bikes on a local street is coming down, despite claims that it really wasn’t a ban after all, despite what the sign says.

L.A.’s own former National Criterium champ Rahsaan Bahati wins the Ladera Ranch Grand Prix; San Diego’s Trina Jacobson takes the women’s crown. San Diego hosts a successful Courteous Mass. Drivers complain about cyclists, cyclists complain about bikers. A Fairfield cyclist suffers life-threatening injuries after witnesses say he ran a red light and rode into the path of a turning car. A bill increasing penalties for using a hand-held cell phone or texting while driving goes to the Governor’s desk — and extends the prohibition to cyclists, as well, so hang the damn thing up when you ride, already.

More evidence that bicycling is a lot safer than people think; still, Bob Mionske says it’s a good idea to wear a helmet — legally as well as medically — even if you don’t have to. It may be the end of the road for motormania. Utah hit-and-runs are on the rise as more people ride bikes. A beginner’s guide to safe cycling from my hometown, good advice that would work anywhere. More on the Black Hawk bike ban going to the Colorado Supreme Court. Compete Streets is now the law in New York state. There’s good news for NYC cyclists as the lawsuit against the popular Prospect Park West bike lanes is dismissed. After a shattering hit-and-run, New York police do…not much. Another day, another Daily News hack job on Gotham cyclists; judging by their reports, Daily News reporters would rather deal with a zombie apocalypse than an infestation of bike riders. Defining bikers, cyclists and rolling pedestrians. The New York Times says Florida pedestrians have to run for their lives.

A look at the infamously popular Rosarito-to-Ensenada bike ride coming up next month. A Canadian street performer has his prop bike stolen during his act. Victoria police crack down on cyclists for not wearing helmets. A UK motorist is convicted of using two mobile phones to talk and tweet at the same time while driving — and making the police wait while he finished his call. No, seriously. Bike theft is a problem in the UK as well, as a 14-year old rider helps bust a bike theft ring. Free-to-use bike pumps appear in London. Why Cambridge is a model cycling city. Now you can ride your bike to look for Nessie. The first improved roads were built for and by cyclists, before they were co-opted by motorists. Seville, Spain experiences a 100 time jump in cycling levels in just four years, which would probably put the Daily News writers in a padded cell.

Finally, Danny MacAskill is back, doing the impossible on two wheels. And writing for Bicycling, pro cyclist Ted King says enjoy — truly, consciously enjoy — your next ride. And your life.

Now that’s a philosophy I can get behind.

Breaking news: Dominique Rush — and father — arrested in hit-and-run death of Alex Romero

Funny how things work sometimes.

For the past few months, I’ve known the identity of the woman accused of killing 17-year old cyclist Alex Romero last April, thanks to a comment that was left on here.

And the last couple of weeks, I’ve known that an arrest was imminent, and that a family member was likely to be arrested for helping her coverup the crime.

But when the news finally broke, I was couple hours from home in the middle of bike ride. Which means I got scooped by just about every news source in Los Angeles.

That’s okay, though. Because the good news is that the LAPD investigators never gave up, even when it looked like they might never get the evidence they needed to make an arrest, let alone get a conviction.

So when I got a call from LAPD Sgt. Krumer to let me know that 23-year old Dominique Rush had finally been arrested in Oxnard for the high speed hit-and-run collision that took Romero’s life, I was happy that Alex and his family would finally see justice for his needless death.

And a little heartbroken when he added that the family member accused of helping to cover up the crime was her own father, 44-year old Steven Rush.

After all, what kind of man learns that his child has just taken the life of another human being, then — allegedly — goes out of his way to help her hide the evidence and avoid responsibility for her actions?

According to KNBC-4,

“The father went way beyond taking care of his child,” said Capt. Ivan Minsal of LAPD Valley Traffic Division. “He concealed the information. He concealed the car that his daughter, the driver, was driving.”

Maybe my own father was the exception.

But I’d like to think that most fathers would have marched their child into the police station to take responsibility for the crime. Maybe after calling a lawyer first.

I know mine would have, as much as it would have broken his heart.

Dominique was booked on suspicion of gross vehicular manslaughter and felony hit-and-run, with a $100,000 bond; Steven was held on a $20,000 bond. No word on whether they are still in custody.

Honestly, I don’t know which act I find more appalling. The crime, or the coverup.

I’m only glad that both may now be held accountable.

And I thank the LAPD for making sure they didn’t get away with it.

Charges in Carlsbad and Fountain Valley cycling deaths; bold plans for WeHo, new bike plan in SaMo

Lots of things are happening on the SoCal legal front.

To start with, Julianne Thompson of Carlsbad has pleaded not guilty in the hit-and-run death of 64-year old cyclist Arthur Jacobs; she was found hiding in some nearby bushes shortly afterwards with a blood alcohol level over three times the legal limit. Thompson faces up to 15 years on charges of gross vehicular manslaughter, hit-and-run and drunk driving.

According to the stories, she’s remorseful. Yet the victim is still dead.

So how does that balance out?

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Sources tell me that Adam Carl Garrett, the 19-year old driver accused of killing cyclist Hung Do in a Fountain Valley hit-and-run then calling police pretending to be a witness, has been charged with misdemeanor hit-and-run without gross negligence and hit-and-run with permanent and serious injury.

As one reader put it,

I don’t understand the “without gross negligence” part, but I’d have to say that, yes, death is “permanent and serious.”

As members of the LAPD have repeatedly pointed out, charges are based on what the DA or City Attorney’s offices think they can prove, rather than what police believe really happened. Without witnesses, and with the additional time for any possible intoxicants to pass out of the driver’s system allowed by the hit-and-run, it would be very difficult to make stronger charges stick.

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I’m also informed that the family of Amine Britel, the Newport Beach triathlete killed while riding in a bike lane last February, has filed a lawsuit against the driver. Danae Miller was reportedly texting and driving under the influence when she hit Britel’s bike from behind; with her driving record, I’d recommend settling quickly.

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Word from the LAPD indicates that charges will soon be filed — if they haven’t already — in the hit-and-run death of Alex Romero, the 17-year old cyclist killed by a speeding car while riding with a friend on De Soto Ave. last April. And charges may not be limited to the driver; they could include others who allegedly attempted to help her cover up the crime.

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Renew your membership or make a donation to the LACBC now and AdventureCorp will match it up to a total of $10,000 in honor of fallen endurance cyclist Jim Swarzman.

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Get a first look at the newly unveiled draft of the Santa Monica Bike Action Plan when the Santa Monica Spoke hosts a meeting with Santa Monica Deputy Director Lucy Dyke tonight from 6 pm to 8:30 in the Colorado Community Room, 502 Colorado Blvd.

Meanwhile, West Hollywood’s Bicycle Task Force proposes a bold plan to make the city more bike friendly, including removing parking spaces to extend bike lanes along busy Santa Monica Blvd and a road diet on Fountain Ave. to create a protected bike lane along the curb. Not to mention aligning other proposed bike lanes on Fairfax and Vista/Gardner with bike lanes included in the new L.A. bike plan.

We can only hope bike-unfriendly Beverly Hills is paying attention, and plans to do something about that gaping black hole marring biking on the Westside. And needlessly risking the lives and safety of everyone who lives and rides there.

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The L.A. County Sheriffs Department is looking for a stabbing suspect who killed a man along the L.A. River Bike Path in South Gate; if you rode the trail the last Friday in June, maybe you saw something.

And according to KNBC-4, L.A. police are looking for a hit-and-run suspect who struck three pedestrians and a parked car in a space of two blocks in Downtown L.A. Sunday morning. But maybe someone else can point out the logical disconnect in this sentence, since KNBC clearly doesn’t get it:

An investigation is underway as to whether or not these accidents were intentional, police said.

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It’s time to rethink North Figueroa. Streetsblog looks at the less-than-promising Woodley Ave. bike lanes. LADOT wants your help to survey L.A. bike racks. Metro moves forward on bike share. Full bike parking at the Grove. Those of us born with an competitive gene have to be reminded from time to time not to underestimate anyone; I have to fight the urge to ride down anyone on the road ahead of me. Funny how often the Times photo of the day features bikes. Will gives new meaning to L.A. River Ride by actually riding in the river to connect the gaps in the trail. The South Bay section of the beachfront Marvin Braude Bike Path is about to get a much needed facelift; hopefully the county will get to the cracked and crumbling Marina section before it completely falls apart. Ashley Tisdale rides with her dog in Toluca Lake. An update from Amarillo on the L.A. firefighters riding across the country to honor victims of 9/11.

More information on Cody Wessel, the 19-year old Wildomar cyclist who was killed in nearby Lake Elsinore on Friday. Bike thefts are up in Newport Beach, where police search for Ashton Kutcher and Colonel Sanders. A blind cyclist rides a tandem 240 miles from Santa Barbara to San Diego. A Santa Barbara writer says we could solve a lot of problems with those three little words: share the road. An SB teen is riding across county to raise money and awareness for a program allowing the homeless to live safely in their cars. The Bay Area is facing a pedicab war; yes, Microsoft Word, pedicab is a word so get over it. I missed the unique importance of these new microwave red light sensors in Pleasanton the first time around; thanks to Road.cc for the clarification. Palo Alto attempts to calm traffic and build boulevards. A bike path that doesn’t connect to anything may be a waste of money, but some idiots still don’t get it — it’s the cyclists who are subsidizing the roadways, not the other way around. African American cyclists get blessed in Oakland in an attempt to get more on the road.

New Tron-style wheel rim lights could keep you safer at night. How to not be invisible when you ride. Cycling is good for you, even if you’ve been a couch potato. A graphic illustration of why bikes are good for rural economies. This is why you don’t buy cheap carbon frames off eBay. How is it that Sitka AK is bike-friendly and L.A. isn’t? Misdemeanor charges for killing a Colorado cyclist. It wasn’t easy coming up with that crappy name for the upcoming USA Pro Tour Cycling Challenge; after a top 10 finish in the TdF, Colorado’s Tom Danielson could be one of the favorites. A thief who stole seven bikes from Idaho’s World Relief returns three with an apology. Newly minted Montanan Dancer a la Mode sends word of a DUI fatality that’s gripping the local community. Oklahoma authorities have arrested a suspect in the 2009 hit-and-run death of an 8-year old girl; there’s not a pit in hell deep enough. A Chicago cyclist is killed on her way home from Lollapalooza after falling underneath a dump truck. Massachusetts authorities can now ticket cyclists, but can’t force them to pay.

Turns out bike share saves lives; I wonder if the results would be the same here in L.A. with our lack of cycling infrastructure. How to be an ambassador for cycling. Southern California isn’t the only place where cycling fatalities are on the way up. Pro cycling’s most successful team is folding at the end of this season, while star rider Mark Cavendish may jump to Team Sky; thanks to George Wolfberg for the head’s up. Cycling prodigy Taylor Phinney will compete in this year’s Vuelta a Espana, after winning his first stage since turning pro. Israel revokes their mandatory helmet law for adults. Three years in prison for a rickshaw jockey who chewed off a cyclist’s ear in a road rage incident.

Finally, the unofficial highlights of the Tour de France. And a cyclist rescues a crawfish from the mean streets of Salinas.

If you missed Sunday's Brentwood Grand Prix, you missed some great racing. Don't make the same mistake next year.

Update: Dr. Christopher Thompson loses appeal, will remain in state prison

According to cyclist and attorney Dj Wheels, L.A.’s very own bike boogie man has lost his appeal of his conviction, and will remain in prison for the foreseeable future.

Dr. Christopher Thompson was convicted of assaulting and seriously injuring two cyclists on Mandeville Canyon on July 4th, 2008, and was sentenced to five years in state prison for five felony convictions and two misdemeanors.

It shouldn’t have surprised anyone that he had appealed his conviction. And thankfully, it comes as no surprise that the judge has affirmed the original conviction, which means that the Good Doctor will serve the remaining three-and-a-half years of his sentence in the medium security California Rehabilitation Center in Norco.

Dj Wheels is going to try to get more information on the ruling, which came with extra instructions that were not published online.

But you can sleep easy tonight.

The boogie man is safely behind bars.

Update: Velonews has more information, including the basis of Thompson’s rejected appeal:

In his appeal, Thompson said the trial court erred in allowing testimony about an earlier, similar incident in which another cyclist, Patrick Early, had an encounter with Thompson on the same road. Thompson said the testimony was unreliable, dissimilar from the incident he was charged with and prejudicial to his case. Thompson also claimed he was ineffectually represented at the trial, and challenged the trial court’s decision to not grant him probation and to pay the victims’ legal fees.

The appellate court rejected all of these claims.

Velonews reports that Thompson did win one small victory, however, as he was credited for one extra day in custody prior to sentencing, reducing his prison time by 68 days, rather than the 67 he was originally credited with.

Thanks to Jim Lyle for the heads-up.