Archive for Legal Cases

Update: Culver City driver should have been able to see cyclists; some victims still critical

June 18, 2011 / / 2 comments

Inside word from members of Bikeside LA and Midnight Ridazz is that some of the victims in Thursday morning’s Culver City bike crash that injured 11 cyclists may be more critically injured than authorities have let on.

Since the victim’s names have not yet been publicly released, I won’t go into details; however, it sounds like prayers and good wishes for a full recovery would be in order.

And a report by popular cycling advocate Road Block on Bikeside LA proves that the driver in the case should have been able to see the cyclists stopped in the road, despite police reports that her view was blocked by a blind curve.

If she wasn’t drunk, speeding or distracted — or all of the above — she should have easily been able to stop in time.

………

I’m in meetings all weekend, so no Events update this week. Check the Events page for current listings.

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

Police appear posed to blame the Culver City victims; Wilbur Ave “compromise” threatens road safety

June 17, 2011 / / 3 comments

Things aren’t looking good in the case of the cyclists injured by an allegedly drunk, texting and speeding driver.

To start with, it looks like the driver, Christine Elizabeth Dahab, may skate on the DUI charges. According to a report on Bikeside, she registered a .07 Blood Alcohol Content when she was tested at the police station — just under the .08 BAC threshold for drunk driving. Even though she initially registered a .08 at the scene, her body had time to process the alcohol in her system.

Secondly, while the LAPD initially responded to the collision, the case has been handed over to the Culver City police, since the site is technically within their jurisdiction. And deservedly or not, the Culver City PD has a long-standing reputation for being biased against cyclists — particularly when it comes to populist group rides similar to the one hit on Thursday morning.

Finally, there is some dispute as to where the cyclists were located on the roadway. The preliminary conclusions of the LAPD are that at least some of the victims were stopped in the traffic lane, rather than on the shoulder. And since many were stopped and off their bikes, they may have violated the law against pedestrians in a traffic lane.

That could be enough to get Dahab off the hook — even though she was reportedly drunk at the scene, and witnesses have reported that she appeared to be texting at the time. And since she hit the riders without braking, there is no objective evidence that she was speeding, despite the reports of witnesses that she was travelling at least 20 mph over the limit.

Evidence of just how seriously the case against Dahab is not being taken is that she was out on an exceptionally low $15,000 bond just hours after the collision.

Damien Newton angrily questions whether the LAPD is botching the investigation, as many of the decisions made so far in the case seem to cast blame directly on the victims — never mind the actions of the driver that contributed to, if not caused, the collision. And asks if the police would handle the case more aggressively if roles were reversed, and it was a Hispanic male driver who ran into a bunch of young women.

Yes, the riders may have been in the traffic lane, though that remains in some dispute. But a driver who was not speeding, drinking and/or distracted should have had plenty of time to see and avoid a large mass of stationary people.

Newton also takes KABC-7 to task for their highly inflammatory reporting on the case, as they repeatedly referred to condoms, beer and evidence of drug use found near the scene, without ever directly connecting any of that to any the riders or suggesting that it had anything whatsoever to do with the collision.

Frankly, you could find any or all of those things in the alley behind my old building just about every day of the week; that doesn’t mean I was the one who used or put them there, even though I happened to be nearby.

It’s entirely possible that some of the riders may have been using drugs or alcohol, however, KABC’s exceptionally irresponsible report — which has been toned down significantly from earlier reports — creates the suggestion of a drunken orgy in the middle of a traffic lane, and has unfortunately been picked up by other news sources.

They cite unidentified members of the police as the source of that information; however, unlike KABC, most of the mainstream press somehow managed to keep such unfounded and highly biased tidbits out of their stories. The station owes an apology to all the victims — and every other cyclist in L.A., since this sort of unfounded report smears all of us in the eyes of some members of the public.

There was a much-needed Justice Ride this afternoon, to support the victims of Thursday morning’s bike collision.

……..

In order to maintain drivers’ God-given right to speed on Valley streets, the Wilbur Ave. road diet is in the process of being “fixed,” channeling cyclists into the sort of substandard half-gutter bike lane we thought this city had long ago outgrown. At the same time, drivers will be forced to compete for lane space as they’re suddenly channeled into less space, significantly increasing the potential for collisions and putting cyclists in the bike lane at unnecessary risk.

The only good news is that the new design may actually reduce the number of cycling collisions on Wilbur — by reducing the number of cyclists willing to ride the street, as many cyclists are likely to shun the new bike lanes for other unmarked streets.

Evidently, L.A. City Councilmember Bill Rosendahl was wrong when he famously declared that “the culture of the car is going to end today.” Thanks largely to one or more of his fellow councilmembers, it’s alive and well in the San Fernando Valley, and risking the lives of everyone who uses or resides along our streets.

Un-effing-believable.

……..

Fed up with the refusal of the Newport Beach Bike Safety Committee — aka the Orange County Gutter Bunnies — to support much needed sharrows on the Coast Highway in Corona del Mar, cdm Cyclist’s Frank Peters has joined with a handful of other local bike advocates to form the new Newport Beach Citizens Bicycle Committee.

If you live or ride down that way, I strongly urge you to get involved with them, and do your part to force local officials to do something to make cycling safer in the local area, and Orange County as a whole.

That is, something that doesn’t put the blame squarely on the victims.

……..

Time is short, but you still have a few hours left to cast a vote to decide which of five finalists will get the chance to work with Team Liquigas-Cannondale in this year’s Tour de France.

According to a representative for the team —

Ventura native Gabriel Garcia and Los Angeles resident Angel Castillo are among five finalists for an opportunity of a lifetime – a chance to spend a week at the Tour de France working behind the scenes with Team Liquigas-Cannondale.

Both had to submit a one to two-minute video explaining why they’re the most qualified to serve as Team Liquigas-Cannondale’s newest addition.  Hopefuls had to highlight the following in their video submission:

  • How the sport of cycling has impacted your life.
  • Your most memorable moment from the Tour de France.
  • A bike MUST have been visual somewhere in the video shoot (it didn’t have to be a Cannondale)

The five finalists are:

  • Amy Campbell (Austin, TX)
  • Angel Castillo (Los Angeles)
  • Gabriel Garcia (Ventura)
  • Joe Praino (Arlington, VA)
  • Derrick Young (Columbus, OH)

All five videos are now available for fans to vote on by logging onto Cannondale‘s (http://www.facebook.com/RideCannondale) and Peloton Magazine’s Facebook pages (http://www.facebook.com/pelotonmagazine). Videos and voting capability can be accessed by first liking the page, then clicking the Trip de France icon on the left. Voting runs from now until Friday, June 17th.

My apologies for not giving more notice of the competition. I found out about it just a few days ago, and recent events have kept me from getting to it until now.

……..

Notes from this month’s BPIT meeting. LADOT updates what bike projects are on the boards, including a road diet and bike lanes along the CicLAvia route on 7th Street. Here come the bus — and bike — lanes. Better Bike Beverly Hills endorses California’s proposed three-foot passing lane; SWRVE, the L.A.-based urban cycling attire manufacturer, writes to urge cyclists to get involved to support it, and personally, I’m a firm believer in supporting companies that support us. The DVD of the fixie film To Live and Ride in LA drops on Tuesday the 21st. Flying Pigeon will host a fundraising ride and party for Streetsblog tonight. C.I.C.L.E. hosts a ride through NELA on Saturday. Hermosa cyclists look for improvements in the South Bay/Marvin Braude Bike Path. CNN Travel lists the Huntington Beach bike path, along with the Braude bikeway, as among the best in the U.S. Remembering a dedicated bike commuter. A Santa Cruz cyclist gets six months in jail and three years probation for deliberately running over a toddler with his bike; maybe those two figures should be reversed. It’s the people who yell the insults who are seen as the crazy ones. Cyclelicious says don’t be afraid of the dark. Just Another Cyclist says he hates helmets.

Brilliant responses to just about any bike forum comment, ever. People for Bikes reports on riding with your fur-footed best friend. Tom Vanderbilt says it’s time for livability to push mobility into the back seat. AZ Rep. Gabby Giffords is back on a bike just five months after her January shooting. A Portland cyclist recounts a frightening road rage encounter with truck driver that, while not justified, could have been avoided if he’d just stopped for the damn red light. Springfield Cyclist recounts a near-collision with a kid on a bike. Minnesota traffic officials join to reduce traffic deaths to zero; it’s long past time for a Vision Zero plan for California. An 8-year Chicago girl followed all the rules, but was killed by a hit-and-run driver anyway; there’s not a deep enough pit in hell for a driver like that. The Windy City’s new DOT Commissioner could rival NYDOT Commissioner Janette Sadik-Khan, while their crackdown on scofflaw cyclists may not be such a bad thing, after all. Someone is deliberately attacking cyclists in Virginia Beach. A Craig’s List missed connection leads to a woman on a Dolphin bike.

The Guardian says riding in a skirt probably doesn’t make you a traffic hazard, though they’d recommend against riding commando on a ‘bent. Euro scientists form a group to coordinate on helmet research. In bike racing news, Movistar rider Juan Mauricio Soler was critically injured after colliding with a spectator in the Tour de Suisse. Mark Cavendish prepares to jump ship for the 2012 season. UCI urges everyone to be kind to Contador, who needs to put a light on the racing bike, and may soon be sampling clenbuterol-free cows in Colorado. Another new on-road laser projection concept could save lives, or at least make your ride more colorful. Wales becomes the first government in the world to require local authorities to provide bike routes.

Finally, only bad guys drive distracted.

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

Valencia sentencing delayed, upcoming events and a little light reading for your holiday weekend

May 28, 2011 / / Comments Off on Valencia sentencing delayed, upcoming events and a little light reading for your holiday weekend

Dj Wheels reports that yesterday’s scheduled sentencing for Marco Antonio Valencia in the drunken and stoned hit-and-run death of cyclist Joseph Novotny has been delayed until next month.

The defense has challenged Valencia’s conviction based on a charge of juror misconduct. As a result, the judge has continued sentencing until June 28th, when he will rule on the defense motion: if he denies the motion, sentencing will take place on the spot, if not, there is a possibility of a retrial in the case.

Despite the delay, the judge allowed Novotny’s widow and family to give their victim impact statements for the record. Wheels reports that each one spoke movingly about the deep sadness that resulted from his death, as well as his kind and unselfish nature; Novotny’s mother also offered photos of Joseph to Valencia’s family.

………

A blogging caregiver discusses how to keep new drivers safe, reminding parents of something that will resonate with many cyclists:

New drivers must realize that a car is a dangerous weapon and it is critical that they focus on their driving and be cognizant of everything around them.

Most not-so-new drivers could use the same reminder, as well.

Thanks to Stanley Goldich for the heads-up.

………

In Giro d’Italia news, the erotically named Eros Capecchi wins Stage 18, while Paolo Tiralongo wins Stage 19 as race leader Alberto Contador declines to contest the finish against his former teammate.

Speaking of Contador, his appeal hearing on doping charges has been delayed, and probably won’t be concluded until after the Tour de France. Which means if he wins yet another victory this year, it could be invalidated afterwards — if he’s even allowed to compete with the cloud hanging over his head.

Meanwhile, the Atlantic says it’s impossible to separate the doping accused Lance from the anti-cancer do-gooder; the Times’ Bill Dwyre is troubled that more people aren’t troubled.

………

The holiday weekend is a little quiet on the local bike scene, but a lot of events wait just down the road.

Bike Talk airs every Saturday at 10 am; listen to it live or download the podcast from KPFK.

San Gabriel Valley riders can meet for a Memorial Day Weekend “What-the-Heck” ride on Sunday, May 29th; meet at Granada Park near Fremont Ave and Montezuma Ave in Alhambra at 9 am, with the ride rolling at 9:30.

Santa Monica hosts Bike It! Day on Wednesday, June 1st, to encourage local students to bike and walk to school.

Saturday, June 4th, the Palms Neighborhood Council and the LAPD’s Pacific Division is sponsoring the 2011 Bike Rodeo from 10 am to 2 pm at Palms Elementary School, 3520 Motor Ave; events include a bike safety course, safety inspection, radar speed test and a bike giveaway, as well as live entertainment and free food.

Folk Art Everywhere explores the historic West Adams District on their next bike tour on Saturday, June 4th; expect an easy, fun and fascinating ride perfect for beginning to moderate cyclists. Meet at Mercado La Paloma, 3655 S. Grand Avenue in Los Angeles, at 11 am, with the ride starting at 11:15.

Flying Pigeon hosts their monthly Brewery Ride on Saturday, June 4th from 3 to 5:30 pm, followed by the Spoke(n) Art Ride on Saturday, June 11 and the Get Sum Dim Sum Ride on Sunday, June 19th. All rides meet at Flying Pigeon Bike Shop, 3714 North Figueroa Street in Highland Park.

Join me, and thousands of other cyclists at L.A.’s favorite fundraiser ride on Sunday, June 5th with the 11th Annual River Ride; advance registration is open through Wednesday the 1st; use special discount code TEDBC11 (case sensitive) to get a $10 discount on online registration courtesy of BikingInLA. Volunteers are still needed, and based on my experience last year, it’s about as much fun as you can have without actually riding; email RRvolunteer@la-bike.org for more info and to sign up.

If you can make it up to Sacramento on Sunday, June 12th, Ride4Matt is sponsoring a charity ride to benefit Matthew Wietrick, who was seriously injured while riding last February. Choose from routes of 10, 35 and 70 miles, with a $7 BBQ lunch after the ride; donations gratefully accepted.

Also on Sunday, June 12th, Flying Pigeon is hosting an evening with Yves Engler and Bianca Mugyenyi, authors of “Stop Signs: Cars and Capitalism on the Road to Economic, Social and Ecological Decay.” It takes place beginning at 7 pm at Flying Pigeon, 3714 North Figueroa Street in Highland Park.

Flying Pigeon Bike Shop will host a fundraising bike ride and party to benefit Streetsblog LA on Friday, June 17th, beginning and ending at Flying Pigeon, 3714 North Figueroa Street in Highland Park; ride meets at 6 pm, with party to follow at 8 pm.

The July 10th CicLAvia has been cancelled, but the October 9th event is a definite go, with an expanded route taking participants another 2.5 miles into Boyle Heights.

Tuesday, August 30th, Santa Monica’s Library Alehouse will host a benefit night for Streetsblog LA; 5% of all food and drink purchases will benefit Streetsblog; 2911 Main Street.

And mark your calendar for the 2011 L.A. edition of the Tour de Fat on October 9th; you’d think someone in the scheduling department would have noticed that the 9th is Yom Kippur this year.

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Austin Nichols meets the Queen Mary in the LACBC’s third River Ride promo. Two-wheeled sight seeing tour company Bike and Hikes LA opens a West Hollywood storefront. A Santa Clara University professor is seriously injured in a classic left cross collision, while the local paper blames the victim. A 75-year old Corning cyclist is killed after riding through a stop sign into oncoming traffic — just two doors from his own home. Another unidentified cyclist is killed in Tulare County — the driver claims he just didn’t see him, but doesn’t explain why he was driving on the shoulder; thanks to Danny Gamboa for the link. San Francisco’s first bike lane celebrates it’s 40th birthday.

As gas prices increase ridership, lawmakers continue to gut bike programs. Good busts popular myths about biking. A Tucson-area cyclist develops a one-ear ear pod that funnels your full iPod output into a single channel. Colorado National Monument celebrates it’s 100th birthday by denying the new USA Pro Cycling Challenge a permit to follow the Tour of the Moon course made famous by the late Coors Classic. Kansas becomes the 14th state to require interlock devices for drunk drivers; something we seem to desperately need here. Chicago talks about protected bike lanes. New York cyclists prepare a class action lawsuit in response to the NYPD’s heavy-handed crackdown. The anti-bike bikelash spreads to Philadelphia; Stanley Goldich reminds us about Bob Mionske’s insightful look at the subject.

Toronto’s new mayor seems to like bike lanes, as long as they don’t get slow down cars. Three years later, British authorities decline to file charges in the death of a 17-year old cyclist; and I thought our justice system was slow. Czech artists develop another DIY bike lane that’s projected in front of you as you ride. Cape Town, South Africa is named one of the world’s 15 most bike-friendly cities; from what I’ve read, the rest of the country has a long way to go. Jakarta cyclists turn out for the official opening of the city’s first bike lane.

Finally, a British rider barely avoids becoming the meat in a bus sandwich. And apparently, my 15 minutes of fame has extended into a blind Bike Snob link; by my calculation, that leaves about 12 minutes and 37 seconds left.

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

Legal update: DUI driver arraigned for injuring Adam Rybicki, Valencia sentencing today

May 25, 2011 / / 5 comments

These days, it seems like there are as many court cases involving cyclists than there are riders on the streets.

Fortunately, cyclist/attorney Dj Wheels has done his usual great job of keeping us up to date with the latest legal proceedings — including charges against the under-aged, allegedly intoxicated driver who ran down who hit Adam Rybicki head on, and Thursday’s sentencing for Marco Antonio Valencia, convicted in the hit-and-run DUI death of Joseph Novotny.

Editor’s Note: While Dj Wheels provided updates on these cases, any commentary or information beyond the actual status of the cases are mine. So blame me, not him.

Jaclyn Andrea Garcia:  Charges were filed May 19th at the Torrance Courthouse for the DUI collision that critically injured cyclist Adam Rybicki this past April. The Supervising Judge recused all the judges there from hearing the case, with no public explanation for his actions; however, rumor has it that Garcia’s mother is a court reporter in Torrance, which would explain the recusal.

As a result, arraignment was held Tuesday in Department 5 of the Inglewood Courthouse, Case #YA081126. Garcia’s attorney, George Bird, entered a plea of not guilty to all four counts:

1) CVC 23153(a) – DUI w/ injury
2) CVC 23153(b) – DUI w/ BAC over .08 and injury
3) CVC 23153(a) – DUI w/ injury
4) CVC 23153(b) – DUI w/ BAC over .08 and injury

Bird also informed the court on the record that his client has voluntarily surrendered her driver’s license, entered into a three-month alcohol program, voluntarily attended 18 Alcoholics Anonymous meetings, and has begun electronic alcohol monitoring with the SCRAM device made famous by Hollywood’s favorite outlaw.

Too bad it’s just a little too late.

Had Garcia sobered up a few months earlier, Adam Rybicki might not be in a coma right now, the victim of a 20-year old woman still drunk and behind the wheel at 7:15 in the morning.

And you can bet that none of the actions Garcia took in surrendering her license or entering rehab were her idea; it was no doubt ordered by her attorney in an attempt to show remorse and get his client released with nothing more than a slap on the wrist.

After all, it’s worked for any number of Hollywood celebrities, whose first stop after hitting the tabloids is usually a stint in luxury rehab.

And by all accounts, Garcia’s high-priced attorney knows what he’s doing. Maybe if Dr. Thompson’s attorney had ordered him straight into rehab, he might be a free man today.

Let’s hope that the court takes this case seriously, and doesn’t let yet another driver buy her way out of taking responsibility.

Speaking of the infamous Good Doctor:

Dr. Christopher Thompson:  The date for oral arguments has been continued upon the court’s own motion in the appeal of Dr. Thompson’s conviction for intentionally injuring two cyclists in Mandeville Canyon by slamming on his brakes in front of them.  The new date is now 6/29/11.

Marco Antonio Valencia:  Valenica was convicted last month in the hit-and run DUI death of cyclist Joseph Novotny. The sentencing hearing is scheduled for today (Thursday) at the San Fernando Court; he faces up to 24 year to life in prison.

Shawn Fields:  Fields is charged with the hit-and-run DUI death of 17-year old cyclist Danny Marin in Pacoima last October. Fields reportedly told investigators that he thought he might have hit something, because he remembered seeing sparkly dust flying over him — from the windshield shattered by Marin’s body. Pretrial/Trial Setting Conference is scheduled for 6/22.

Patrick Roraff & Brett Morin:  Roraff and Morin are charged with causing the death of rising pro cyclist Jorge Alvarado in April of last year. The two were allegedly street racing when Roraff lost control and slammed into Alvarado, who was riding on the opposite shoulder. Pretrial conference is scheduled for 7/7.

Stephanie Drew Segal:  Segal is charged with the hit-and-run DUI death of cyclist James Laing in Agoura last year (notice a theme here?). She allegedly plowed into Laing after leaving a local wine tasting room, and entered into a rehab facility after her arrest. Preliminary setting is scheduled for 6/28; Wheels notes that the docket says the DA has been ordered to have victims present, which is unusual for this type of hearing.

Renato Demartino:  Demartino is charged with the hit-and-run death of 22-year old cyclist Marco Acuapan, who died in April, four months after he was allegedly hit by Demartino’s car while riding in a bike lane in Tustin. A pretrial conference scheduled for 6/1.

Danae Marie Miller:  Miller is charged with the death of world-class triathlete Amine Britel; she was allegedly drunk and texting when she rear-ended Britel, who was riding in a marked bike lane. Pretrial conference scheduled for 7/15.

Captain John David Hines:  Hines, a Long Beach Fire Captain, is accused of plowing into cyclist Jeffrey Gordon, then fleeing the scene, despite legal, and professional, obligations to stop and render aid. He had allegedly been drinking for hours in a local bar before getting behind the wheel, and had a BAC of .24 at the time of his arrest — three times the legal limit. And once again, he reportedly checked into rehab right after his arrest. Pretrial conference scheduled for 6/17.

Satnam Singh:  Singh is charged with killing 20-year old college student Nick Haverland in yet another hit-and-run DUI — this time, in a hit-and-run rampage involving three separate collisions in a matter of minutes that left five people injured and Haverland dead. Pretrial conference scheduled for 6/14; Singh remains in custody with the Ventura County Sheriff.

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

71-year old Canoga Park man killed by hit-and-run driver

May 19, 2011 / / Comments Off on 71-year old Canoga Park man killed by hit-and-run driver

In yet another fatal hit-and-run, a 71-year old Canoga Park man died of injuries he received while riding in a crosswalk around 12:15 pm Saturday.

According to the Daily News, Eduardo Perez was hit by a small black 4-door SUV in a right hook collision while riding his bike at the intersection of Sherman Way and Canoga Avenue. The vehicle was traveling east on Sherman Way when it hit Perez while turning onto Canoga; the driver fled without stopping.

Perez died Monday in a local hospital.

Anyone with information is urged to call Detective Danny Martinez at 818-644-8032 or Detective I. Krajchir at 818-644-8034; or cal Crime Stoppers anonymously at 1-800-222-TIPS (8477).

This is the 7th fatal hit-and-run in Southern California this year, and the 10th bike-related death in L.A. County since the first of the year.

In related news, police have identified a suspect in last month’s hit-and-run death of 17-year old Alex Romero, killed on De Soto Avenue when he was run down by a speeding driver attempting to pass a large vehicle on the right.

The LAPD is being tight-lipped about the details while they attempt to make an arrest.

Category: Injuries and Fatalities, Legal Cases / Tags: , , , ,

Long Beach fire captain John Hines arraigned for drunken hit-and-run

May 4, 2011 / / 7 comments

An anonymous reader sent me the following email this morning.

In case it slipped under your radar, yesterday Fire Captain John D. Hines entered a preliminary plea of not guilty to three of his felony charges in the hit-and-run of of Jeffrey Gordon.  A judge then inexplicably denied the prosecutor’s request to increase the bail amount fivefold to $250,000, which incidentally was the amount of the arrest warrant issued on April 26th.  Hines has retained a bulldog of an attorney with a great deal of experience in keeping dangerous drivers on the streets.

Hines’ EMT certificate, #E030577, has not been revoked, and probably is not under review.

The writer goes on to note that Hines is scheduled for a preliminary hearing on June 17th.

And yes, it did slide under my radar, even though I’ve been following this case and scan the news for anything bike-related several times a day. So a big thanks for forwarding this information.

When I went back to look again after receiving the email, I found a number of stories like this one in the Contra Costa Times, each containing the same news release, virtually word for word, about Hines arraignment for running down a cyclist, then hitting the gas and fleeing the scene. And adding little to the story beyond what you see above.

Credit then, to the Los Alamitos-Seal Beach Patch, which took the time to dig a little deeper into the story — including noting, as we speculated, that Hines reportedly had checked himself into rehab following his initial arrest.

No doubt at the suggestion of the afore mentioned bulldog attorney, Vince Tucci, in the hopes of getting leniency from the court.

Hines faces a maximum of six years and eight months if convicted on the felony DUi and hit-and-run charges; two hours after the collision, his blood alcohol level was .24, three times the legal limit of .08.

“Instead of staying to render aid, he left the victim like common road kill in a pool of blood, and fled the scene…it is egregious,” Deputy District Attorney Andrew Katz said last week. “It’s 1 in the afternoon, he’s three times the legal limit. He’s a firefighter, no less, someone whose job it is to aid people in medical distress. It’s not some 18-year-old kid who had too much to drink. He knows better. He should know better.”

He’s released on just $50,000 bail, after the request to increase bail to the same $250,000 amount in the arrest warrant was denied.

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

Roraff apologizes for killing Jorge Alvarado; cyclists disagree with city on environmental review

May 3, 2011 / / 11 comments

According to the Highland Community News, Patrick Roraff is sorry he killed pro cyclist Jorge Alvarado last April.

In a brief story about the case going forward against Roraff and co-defendant Brett Morin for the alleged street racing collision that killed Alvarado, the paper mentions that Roraff wrote a letter apologizing to Alvarado’s family — as well as telling investigators how much he regretted his actions.

According to the accident report, Roraff wrote a letter to Alvarado’s family apologizing for the crash and told investigators, “I feel so stupid for even doing that, like trying to show off … I wish I could go back and just change everything, but I can’t … I can’t believe I took away a life.”

Unfortunately, no amount of remorse will bring the rising pro rider back to life.

Then again, no amount of punishment will either, no matter how much jail time the two teenage drivers receive.

Thanks to Dj Wheels for the heads-up.

Update: I received an email from an L.A. cyclist named Bret Morin, who pointed out that I had misspelled the name of the driver charged in Alvarado’s death as Bret, rather than Brett. My sincere apologies to the other Bret Morin for any inconvenience this may have caused.

.………

Surely no one is really surprised by this. Damien Newton reports that cyclists are in conflict with L.A.’s notoriously risk-averse agencies over plans for environmental review of projects in the new bike plan.

You didn’t think the fight was over once the plan was unanimously passed by the city council, did you?

.………

Jessica Simpson and Eric Johnson ride a tandem in Venice, which brings up one of my pet peeves.

For those unclear on the subject, the world-famous Venice Boardwalk is that crowded sidewalk between the stores and the beach where bikes are banned. That narrow strip of asphalt where Simpson and Johnson rode last weekend is the world-famous Marvin Braude, formerly Venice/Santa Monica, Bike Path, where bikes are actually allowed and pedestrians banned.

In theory, at least.

.………

LACBC calls for volunteers for this weekend’s Culver City bike count. The West Hollywood Bicycle Task Force meets this Wednesday at 6:30 pm. Bikerowave is hosting a bike swap meet this Sunday. Source readers overwhelmingly approve of removing bike restrictions on Metro trains. Fourth District Councilmember Tom LaBonge rides next to the L.A. River; public television station KCET offers a field guide to biking it yourself. Harry Dougherty offers great photos from last weekend’s Sunday Funday ride, as well as the L.A. River clean-up. Santa Monica Spoke will host a bike exhibition at the 20th Annual Santa Monica Festival. Gary Kavanagh says Santa Monica could be the envy of the bicycling nation. Hermosa Beach invites you to an all ages bike playdate on Saturday the 14th. SoCal’s bike-friendliest city celebrates Bike Month. The Claremont Cyclist offers local bike news, including the new Citrus Regional Bikeway. The Amgen Tour of California will bypass the scenic central coast due to a massive landslide.

Astronaut Grover says wear your helmet. It’s Bike Month, so get out there and don’t proselytize. What to consider when you get new tires. Then again, maybe you’re overinflating your tires; based on this, I may try dropping my front tire a little. What’s your motivation to ride to work? The League of American Bicyclists shifts their focus from educating cyclists to educating the drivers who threaten us, and wants your help to do it; they also release the latest list of bike-friendly cities. No surprise cycle tracks save lives. Touting the environmental benefits of cycling could do more harm than good. People for Bikes says 2011 could be the year of the bike. The perfect accessory for your designer handbag could be the new Kate Spade bike.

Lovely Bicycle ponders why some towns aren’t cycling towns. Participants in New York’s popular Five Boro Bike Ride seem to spend more time walking than riding. The Washington Post implies cyclists are the only ones who need to obey the law, while Wash Cycle deftly dismantles their arguments. DC cyclists are threatened by drivers, as well as the roads they ride on. Maryland adds tougher penalties for negligent drivers who kill cyclists. A cyclist is killed by a hit-and-run driver in North Carolina after falling in the street, even though his friends tried frantically to stop the oncoming driver; thanks to Zeke for the heads-up. Florida cyclists may get a chance to ride a local causeway legally. The legal deadline has passed for Lance Armstrong to sue Floyd Landis over doping allegations.

Canadian parents are charged with letting their nine-year old son ride without a helmet after he’s hit by a car. Maybe if you rode with a halo around your head, you might not end up with one. A nurse saves the life of a man who collapsed during a triathlon, then finishes the race herself. Town Mouse wonders if we’re teaching our children the right lessons. An 81-year old UK man dies after a collision with a cyclist. Great mostly bike-related artwork. Good road design makes peace break out between cyclists and drivers. Sydney homeowners discover living near a bike path is good for property values.

Finally, if you’ve already jumped bail after being ordered not to drink, don’t get drunk and ride your bike into a parked patrol car.

Category: General, Legal Cases / Tags: , , , , ,

Accused killer of Jim Swarzman arraigned in San Diego, currently facing relative slap on the wrist

April 29, 2011 / / 4 comments

The accused hit-and-run driver charged with killing Encino cyclist Jim Swarzman has pleaded not guilty in San Diego Superior Court.

According to multiple reports, Joseph Ricardo Fernandez was arraigned Wednesday on a single count of hit-and-run causing death.

That’s it.

No charges for DUI charges or killing another human being, whether carelessly or deliberately. Just running away like a coward and leaving a crumpled body behind.

Fernandez faces up to four years for taking the life of another human being – less than Dr. Christopher Thompson received for attempting to injure two riders in Mandeville Canyon.

Hopefully, the case is still under investigation; it’s always possible that additional charges may be added later.

The description of the collision suggests that the driver was either asleep or extremely drunk when he hit Swarzman, as witnesses reported the truck drifting from lane to lane before swerving over to hit Swarzman’s bike.

Witness descriptions also suggest that the driver was fully aware that he hit something, despite Fernandez’s reported comments when he turned himself into police that he thought he may have hit something over the weekend.

By all accounts, the collision was extremely violent. People on the scene, including Swarzman’s fiancé, say his bike exploded on impact and that he was hurtled through the air before crashing to the roadway; the driver then sped away from the scene.

And yes, Swarzman was riding exactly where he should have been on the roadway, and was lit up like a Christmas tree in the North County San Diego darkness.

It plausible that Fernandez was so drunk — or yes, so tired — that he couldn’t remember it the next day.

But I find it impossible to believe that he did not know, at the moment of impact and the minutes that followed, that he had hit someone or something, and made the decision to run away rather than stop and be held accountable for his actions.

Of course, I have no way of knowing if Fernandez had been drinking. My speculation — and at this point, that’s all it is — is based strictly on the late hour and the witness descriptions of the truck’s actions before and after the collision.

Although if I had to make a bet, I’d lay everything I own on it.

And that shows the failure of our current laws regarding hit and run. As it now stands, California law actually encourages drivers to flee the scene if they’ve been drinking, because the penalties for drunk driving are much stronger than the penalties for hit-and-run.

If he was in fact intoxicated, the smartest decision Fernandez made that night — as least as far as his legal prospects are concerned — was to run away until he could sober up, then turn himself in once the booze and/or drugs were out of his system and a DUI charge was off the table.

And that has to change.

At last report, Fernandez was still being held on $100,000 bond. His next scheduled court appearances are a readiness conference on May 5th, and a preliminary hearing on May 10th in the San Diego Superior Court, North County Regional Center, case number CN290834.

I’m not mad yet. But I’m getting there.

Correction: Originally, I had written that Fernandez had pleaded guilty. That was a typo; the plea was not guilty, as I’ve corrected it above. Thanks to Dj Wheels for the catch.

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

Hollywood blocked bikeways may be common, but not legal; moving story on fallen cyclist Alex Romero

April 29, 2011 / / 7 comments

It something we’ve all gotten used to living here in the greater metaphorical Hollywood.

And something we shouldn’t have to.

If you’ve ridden much around this city, chances are, you’ve found your way blocked by a movie crew, TV set or a commercial photo shoot at some point, forcing you to wait until the scene or shoot is over.

Or maybe you’ve run into my pet peeve — movie crews parked along the side of the road, with orange safety cones placed in the middle of the bike lane to protect their precious trucks from passing cyclists, forcing you out into traffic with little or no warning.

And often as not, with no legal basis.

Take the photo shoot Todd Munson encountered on his way home last week on the Ballona Creek Bike Path.

They were set up near the eastern end. When I rolled up they had a scrim set up that was a good 10 feet high and as wide as the path. Because of it, I had to come to a full stop and announce my presence before they even noticed I was there. Based on how “fashionable” they all were I’m guessing they came from the nearby Smashbox Studio.

When I realized how much I was “hassling” them by having to move their equipment to make some room, I asked if they had a permit for the shoot. Everyone just sort looked at each other and mumbled incomplete sentences. The guy who was apparently in charge was the one covering his face in the first photo. The amazing thing to me was that nobody including him was at all apologetic. The best they could do was “Hey man, we didn’t think anyone would be here.” And a couple of them even tried getting tough.

The other funny part was that girl in the red shirt in photo number 3 asked that I not take anyone’s picture.

Good times.

Problem is, unless they did have a permit, what they were doing was completely illegal. Section 21211 of the California Vehicle Code reads:

21211.   (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

But it doesn’t stop there. It goes on to prohibit parking or placing anything on the bike path that would block it, as well.

(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.

Of course, there are additional subsections specifying a handful exceptions, none of which apply in the situation Munson encountered. Or to the overwhelming majority of cases you might encounter that would delay your ride more than a few moments.

Then there’s the matter of blocked bike lanes.

As we’ve discussed before, bike lanes are considered traffic lanes by the LAPD, just like the larger lanes to their left. And just as it’s illegal to block any other traffic lane, it’s against the law to block a bike lane — whether with trash cans, orange cones or double parked vehicles.

The question is whether L.A.’s favorite industry enjoys a special exemption when it comes to their trucks.

The afore mentioned Mr. Munson, who seems to be having a rash of bad luck with this sort of thing lately, reached out to myself and Tony Arranaga, who works in the office of 11th District Councilmember Bill Rosendahl, after a recent encounter with bike lanes blocked by a movie crew on San Vicente Blvd in the Brentwood area.

Tony was kind enough to connect us with Geoffrey Smith, Director of Community Relations with FilmLA Inc, the agency responsible for overseeing the massive amount of filming that takes place in this city on a daily basis.

Once again, I’ll let Todd explain the situation:

The specific incident I encountered occurred in Brentwood along San Vicente last Thursday morning (3/24). A film production had vehicles parked on both sides of San Vicente near the golf course and had laid out large cones along the respective bike lanes.

The cones were placed on the outer edge of the bike line cutting down its width to the point that it was no longer safe to use. Any cyclist who chose to stay in the bike lane was faced with a lose-lose situation as they were forced to ride dangerously close to parked vehicles. Should a door swing open or a crew member walk out from between the vehicles, the tightly spaced cones to the immediate left eliminated any chance for a safe escape.

The only option for a cyclist wishing to avoid this mess would be to exit the bike lane and ride in traffic. This option was equally undesirable and dangerous as motorists tend to treat San Vicente as a mini freeway- especially during the morning rush hour.

Attached is quick diagram I made with the help of Google Street View illustrating the dangerousness of the situation.

To reiterate what Ted stated, those cones served no functional purpose other than creating a life-threatening situation for cyclists. Should the status quo be allowed to remain, it’s not a matter of if but when a deadly accident will occur.

That drew the following response from Smith, who answered promptly the next morning:

1)      No, the company should not have put cones in the bike path. It seems that the Transportation Captain was perhaps a little overzealous in trying to let everyone know that there was a trailer parked on the street. Why he felt that the general public would fail to see a trailer 8’ wide by 7’ high will undoubtedly remain a mystery.

2)      Yes, a company can close a bike path BUT, it requires submitting a traffic plan to DOT, showing what alternate route(s) are being created, via cones, barricades, signage, so that bicyclists are not forced into traffic. DOT has to approve of the closure before it will be allowed.

3)      As an FYI, FilmL.A. is 24/7. If you should run into this situation again, PLEASE call us 213/977.8600 ASAP. Let us check and see a) if there is a permit and b) if they have a closure of the bike path.

4)      I am also annoyed if they were parking on both side of San Vicente. Parking on the north side is not allowed.

I don’t know about you, but I’m putting that phone number in my speed dial.

.………

Dj Wheels, who has been very busy keeping up with local bike-related criminal cases lately, shares the news that 19-year olds Patrick Roraff and Brett Morin will face trial for the death of rising pro cyclist Jorge Alvarado in Highland one year ago.

Roraff and Morin were allegedly street racing at around 70 mph when Roraff lost control and hit Alvarado, who died on the side of the road, far from his family and friends in Mexico.

According to the Press-Enterprise, the two will be arraigned on May 12th on a single count each of vehicular manslaughter.

.………

Chances are, you’ve never heard of the San Fernando Valley Sun. But maybe you should.

Once again, they’ve written movingly about the death of yet another teenage Valley cyclist murdered by a hit-and-run driver.

Just six months ago, it was Danny Marin*; this time, it’s Alex Romero, run down by a speeding driver on De Soto Avenue in Canoga Park last week.

Consider the heart-rending pathos in the first paragraph alone:

Tomorrow, April 29, Maria De La Paz “Pacita” Romero will have to find the strength to bury her teenaged son. “Empty. I feel empty,” Maria said as she attempts to describe the loss of her son, German Alex Romero, a 17-year-old promising soccer player whose life was tragically cut short last week when he was killed by a hit-and-run driver in Canoga Park.

Remarkably, Romero’s family doesn’t bear any animosity towards the still unidentified driver; his mother saying “God bless him” of the man who killed her son.

The family would also like Romero’s death to serve a positive purpose. Their desire is for new bicycle markings to be placed on the street where he was killed, as well as additional lighting, a traffic light and cameras.

“We would like Alex’s sacrifice to be worth something,” Fuentes said. “He came to this earth for 17 years to give light to everybody, motorists and bicyclists, so that we may be more careful to make ourselves aware of everybody who’s on the road.”

Seriously, stop whatever you’re doing, and take just a few minutes to read a very well-written story about the massive hole a heartless driver has left in what appears to be a remarkable, and remarkably forgiving, family.

But don’t be surprised if you find a few tears in your eyes before you’re done.

*Unfortunately, the original Sun story is no longer available online.

.………

Finally, the LACBC reports that the peak hour restrictions limiting bikes on Metro trains have been lifted, effective immediately. While the bike ban has been widely ignored in recent months, the action of the Metro Board means you can now take your bike on any Metro train, any time, to any destination.

As train cars come in for servicing, they will have seats removed to create additional standing and storage room to provide more space for bikes, as well as other large objects such as strollers and shopping bags.

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

Arrest warrant issued for Long Beach fire captain in drunken hit-and-run

April 28, 2011 / / 3 comments

Around 1 pm on April first, 47-year old Jeffrey Gordon was riding his bike on Westminster Blvd east of Bolsa Chica Street in Long Beach.

A moment later, he was sailing 70 feet through the air after being hit from behind by a Chevrolet pickup truck driven by Long Beach fire captain John David Hines.

Rather than stop and render aid as he is trained to do, Hines fled the scene as witnesses chased after him begging him to stop. They followed him to his home in Huntington Beach where he was arrested by the police, who allege that he looked drunk and had a strong odor of urine on his clothes.

The Belmont Shore – Naples Patch reports that Billy Chisholm was a passenger in one of those pursuing vehicles.

“I was sick to my stomach the whole time,” Chisholm recalled. “He just hit him and left him to die like he was a skunk in the road. He had to have known he hit him because his truck was all busted up. That was a human being he left there to die. It’s not right.”

Then again, maybe its a good thing he didn’t try to save Gordon’s life; with a blood alcohol level of .24 percent — virtually the same level as Marco Antonio Valencia showed when he killed Joe Novotny — he probably would have done far more harm than good.

And he’d already done more than enough harm behind the wheel.

Hines reportedly spent the morning drinking at the Schooner or Later bar in Long Beach before driving down to Seal Beach. That’s where he allegedly drifted into the bike lane and struck Gordon’s bike from behind, then sped off without ever hitting his brakes or slowing down.

Not surprisingly, an arrest warrant was issued for Hines on Wednesday.

According to the Huntington Beach Independent:

John David Hines, 38, is charged with one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of .08% or more causing injury and hit-and-run with injury, according to a release from the district attorney. He also faces sentencing enhancements for causing great bodily injury and having a blood alcohol level over .20%.

Fortunately, Gordon survived the collision, despite spending two weeks in the hospital with severe injuries ranging from head trauma, severe lacerations and bruising to his head and body, to internal injuries and spinal and vertebrae injuries. However, he reportedly continues to suffer limited mobility, and speech and memory loss.

Hines faces up to six years and eight months in prison if convicted. According to the Times, he is still being sought by police on $250,000 bail; it’s possible that he may have entered rehab in an attempt to get leniency from the court.

The only real difference between this case and that of Valenica — who faces 24 years to life in prison after being convicted of 2nd degree murder and felony hit-and-run while intoxicated on Wednesday —  is that Hines’ victim survived, while Valencia’s didn’t.

Thanks to master wrench Chris K for the heads-up.

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