Archive for Legal Cases

Breaking News — Marco Antonio Valencia guilty on all counts in murder of Joseph Novotny

April 27, 2011 / / 5 comments

According to cyclist/attorney Dj Wheels, a San Fernando courthouse jury has found Marco Antonio Valencia guilt on all counts in the drunken, hit-and-run death of Joseph Novotny.

Valencia now faces 15 to life for a conviction on 2nd degree murder, as well as 24 to life due to special circumstance enhancements on the charge of gross vehicular manslaughter while intoxicated.

Wheels notes that Valenica’s two priors for driving while intoxicated may lead the judge to impose a stiffer sentence, on the higher end of the sentencing scale.

Sentencing scheduled for Thursday May 26th, at 8:45 am in Department C of the San Fernando courthouse; the D.A. will reportedly contact the other victims as well as Novotny’s family so they can be present for the sentencing.

Evidently, there was no question about guilt, as the jury deliberated for just 1 hour and 20 minutes before reaching a verdict. Novotny’s mother has been following the case and may have been in the courthouse for the reading of the verdict, before being taken to see the route Novotny rode and the scene of the collision by members of the Santa Clarita Velo Club.

Valencia was convicted on five of the original nine charges, after four lesser charges involving two of the other injured cyclists were dropped for unknown reasons.

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

Breaking News — Marco Antonio Valencia guilty on all counts in murder of Joseph Novotny

April 27, 2011 / / 5 comments

According to cyclist/attorney Dj Wheels, a San Fernando courthouse jury has found Marco Antonio Valencia guilt on all counts in the drunken, hit-and-run death of Joseph Novotny.

Valencia now faces 15 to life for a conviction on 2nd degree murder, as well as 24 to life due to special circumstance enhancements on the charge of gross vehicular manslaughter while intoxicated.

Wheels notes that Valenica’s two priors for driving while intoxicated may lead the judge to impose a stiffer sentence, on the higher end of the sentencing scale.

Sentencing scheduled for Thursday May 26th, at 8:45 am in Department C of the San Fernando courthouse; the D.A. will reportedly contact the other victims as well as Novotny’s family so they can be present for the sentencing.

Evidently, there was no question about guilt, as the jury deliberated for just 1 hour and 20 minutes before reaching a verdict. Novotny’s mother has been following the case and may have been in the courthouse for the reading of the verdict, before being taken to see the route Novotny rode and the scene of the collision by members of the Santa Clarita Velo Club.

Valencia was convicted on five of the original nine charges, after four lesser charges involving two of the other injured cyclists were dropped for unknown reasons.

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

Possible justice in Jim Swarzman hit-and-run, Zeke’s brother Dave blasts Universal

April 27, 2011 / / 15 comments

It looks like justice may be coming for Jim Swarzman after all.

Joseph Ricardo Fernandez of Carlsbad has been rearrested and is being held on $100,000 bond pending arraignment on Wednesday. Fernandez was arrested after turning himself in the day after Swarzman was killed in a violent hit-from-behind collision, telling police investigators he thought he might have hit something.

However, he was released from custody just moments before the planned arraignment on April 14th, as prosecutors declined to file charges at that time.

It will be interesting to see just what charges are filed.

Problem is, no matter how severe the penalty ends up being, it can’t undo the past and bring a well-loved man back.

.………

On a similar subject, cyclist/attorney Dj Wheels reports that the defense has rested in the murder trial of Marco Antonio Valencia for the drunken hit-and-run death of Joseph Novotny, and jury deliberations will start tomorrow.

The question doesn’t seem to be if Valencia will do time for the hit-and-run, but whether he will be convicted of the murder charge, with its possible life sentence. Wheels has noted previously that even if he is acquitted of murder, Valencia still faces up to 20 years in prison.

Yet no amount of jail time will bring Novotny back, either.

.………

Bob Mionske says there has to be some middle ground between felony manslaughter and failure to yield, serious prison time or a slap on the wrist. As usual, he gets it right; definitely worth reading for anyone interested in genuine justice on our streets.

.………

Maybe you’ll recall that I’ve complained more than once about Universal Studios’s refusal to allow an extension of the L.A. River Bike Path or revitalization of the river through their North Hollywood property.

And that as far as I’m concerned, any plans for expansion should be dead in the water until their attitude changes. Including the silly explanation that they fear failing screenwriters will throw their scripts over the fence if they’re allowed to get that close.

Like they couldn’t just buy a ticket for the studio tour.

So I found it very amusing — and dead on the money — when Dave Yount, brother of North Carolina bike scribe Zeke, sent me the following email:

Hey Ted,

I just stumbled across these drawings for plans for the huge expansion at Universal Studios.  I knew they were trying to block any extension of the LA River path through the studio lot, but I didn’t realize they had offered an alternative bike path through the property.  Check out the drawings here:

http://www.lasubwayblog.com/2010/11/nbc-universal-evolutions-proposed.html

Are you familiar with Universal City Walk?  They have the bike path going up the hill from Lankershim, conveniently buy (pun intended) City Walk, back north across some new road and back down to Barham.  First of all, nobody is going to (and most can’t) ride a bike up that hill.  Secondly, you have to go through all the traffic at City Walk to get to this new road they are building.  Finally, if you are trying to get to the Cahuenga Pass, you then get to climb up Barham after having just pushed your bike up the hill to City Walk.

The nerve of some planning (PR) a$$holes never ceases to amaze me.

Bro Dave

Thanks to Dave for permission to share this. And say hi to Zeke.

.………

A teenage mountain biker is airlifted to safety after falling off a 50 foot embankment in the Claremont area. Metro will consider removing — or perhaps just studying — the rush hour bike ban on their trains, as well as an Active Transportation Agenda, at Thursday’s board meeting; LACBC says your help is needed. The next BPIT meeting is coming up next week, while the city prepares a package of projects for environmental review; Bikeside accuses L.A. Planning and LADOT of hijacking the process. Raise funds for LACBC while you River Ride and you could win big. Streetsblog offers a handful of opportunities to raise funds and have fun. Thirteen SoCal bike coops gather to trade notes last weekend. Glendale announces plans for next month’s Bike Month. The new Bike Newport is sponsoring a low-stress family fun ride for Sunday, May 15th.

Going carless can put the equivalent of a $4 an hour raise in your pocket, while higher gas prices mean fewer wrecks.  Bicycling asks what’s the best bike for bicycle commuting; how about the one you have? Lovely Bicycle asks if it’s really productive to criticize other cyclists. A reluctant bike commuter takes to the streets of Seattle. Albuquerque opens limited access highways to bikes. Take a baseball bat to a high-end bike, and get two years probation — even if your version of events is termed a fantasy. New York police insist on forcing cyclists to ride in the bike lane, even if it kills them — the cyclists, that is. The Wall Street Journal stops the presses for a little positive news about a New York cyclist.

Great Britain risks fielding a reduced bike team at this year’s Worlds and the 2012 Olympics. After a rough spring spent rehabbing a knee injuring, bike prodigy Taylor Phinney shows why the expectations are so high by finishing 2nd in the time trial prologue for this week’s Tour of Romandie; Jonathan Castroviejo takes 1st. Kate Middleton works for a Boston bike shop.

Finally, even Moscow — the one in Russia, not Idaho — promises to become bike friendly, although 2000 bike parking spaces and 45 kilometers of bikeways doesn’t sound like much in a city of 11 million.

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

Possible justice in Jim Swarzman hit-and-run, Zeke’s brother Dave blasts Universal

April 27, 2011 / / 15 comments

It looks like justice may be coming for Jim Swarzman after all.

Joseph Ricardo Fernandez of Carlsbad has been rearrested and is being held on $100,000 bond pending arraignment on Wednesday. Fernandez was arrested after turning himself in the day after Swarzman was killed in a violent hit-from-behind collision, telling police investigators he thought he might have hit something.

However, he was released from custody just moments before the planned arraignment on April 14th, as prosecutors declined to file charges at that time.

It will be interesting to see just what charges are filed.

Problem is, no matter how severe the penalty ends up being, it can’t undo the past and bring a well-loved man back.

.………

On a similar subject, cyclist/attorney Dj Wheels reports that the defense has rested in the murder trial of Marco Antonio Valencia for the drunken hit-and-run death of Joseph Novotny, and jury deliberations will start tomorrow.

The question doesn’t seem to be if Valencia will do time for the hit-and-run, but whether he will be convicted of the murder charge, with its possible life sentence. Wheels has noted previously that even if he is acquitted of murder, Valencia still faces up to 20 years in prison.

Yet no amount of jail time will bring Novotny back, either.

.………

Bob Mionske says there has to be some middle ground between felony manslaughter and failure to yield, serious prison time or a slap on the wrist. As usual, he gets it right; definitely worth reading for anyone interested in genuine justice on our streets.

.………

Maybe you’ll recall that I’ve complained more than once about Universal Studios’s refusal to allow an extension of the L.A. River Bike Path or revitalization of the river through their North Hollywood property.

And that as far as I’m concerned, any plans for expansion should be dead in the water until their attitude changes. Including the silly explanation that they fear failing screenwriters will throw their scripts over the fence if they’re allowed to get that close.

Like they couldn’t just buy a ticket for the studio tour.

So I found it very amusing — and dead on the money — when Dave Yount, brother of North Carolina bike scribe Zeke, sent me the following email:

Hey Ted,

I just stumbled across these drawings for plans for the huge expansion at Universal Studios.  I knew they were trying to block any extension of the LA River path through the studio lot, but I didn’t realize they had offered an alternative bike path through the property.  Check out the drawings here:

http://www.lasubwayblog.com/2010/11/nbc-universal-evolutions-proposed.html

Are you familiar with Universal City Walk?  They have the bike path going up the hill from Lankershim, conveniently buy (pun intended) City Walk, back north across some new road and back down to Barham.  First of all, nobody is going to (and most can’t) ride a bike up that hill.  Secondly, you have to go through all the traffic at City Walk to get to this new road they are building.  Finally, if you are trying to get to the Cahuenga Pass, you then get to climb up Barham after having just pushed your bike up the hill to City Walk.

The nerve of some planning (PR) a$$holes never ceases to amaze me.

Bro Dave

Thanks to Dave for permission to share this. And say hi to Zeke.

.………

A teenage mountain biker is airlifted to safety after falling off a 50 foot embankment in the Claremont area. Metro will consider removing — or perhaps just studying — the rush hour bike ban on their trains, as well as an Active Transportation Agenda, at Thursday’s board meeting; LACBC says your help is needed. The next BPIT meeting is coming up next week, while the city prepares a package of projects for environmental review; Bikeside accuses L.A. Planning and LADOT of hijacking the process. Raise funds for LACBC while you River Ride and you could win big. Streetsblog offers a handful of opportunities to raise funds and have fun. Thirteen SoCal bike coops gather to trade notes last weekend. Glendale announces plans for next month’s Bike Month. The new Bike Newport is sponsoring a low-stress family fun ride for Sunday, May 15th.

Going carless can put the equivalent of a $4 an hour raise in your pocket, while higher gas prices mean fewer wrecks.  Bicycling asks what’s the best bike for bicycle commuting; how about the one you have? Lovely Bicycle asks if it’s really productive to criticize other cyclists. A reluctant bike commuter takes to the streets of Seattle. Albuquerque opens limited access highways to bikes. Take a baseball bat to a high-end bike, and get two years probation — even if your version of events is termed a fantasy. New York police insist on forcing cyclists to ride in the bike lane, even if it kills them — the cyclists, that is. The Wall Street Journal stops the presses for a little positive news about a New York cyclist.

Great Britain risks fielding a reduced bike team at this year’s Worlds and the 2012 Olympics. After a rough spring spent rehabbing a knee injuring, bike prodigy Taylor Phinney shows why the expectations are so high by finishing 2nd in the time trial prologue for this week’s Tour of Romandie; Jonathan Castroviejo takes 1st. Kate Middleton works for a Boston bike shop.

Finally, even Moscow — the one in Russia, not Idaho — promises to become bike friendly, although 2000 bike parking spaces and 45 kilometers of bikeways doesn’t sound like much in a city of 11 million.

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

Valencia trial nears conclusion, CA 3-foot law moves forward, NY Post absurdly fans the bikelash flames

April 26, 2011 / / Comments Off on Valencia trial nears conclusion, CA 3-foot law moves forward, NY Post absurdly fans the bikelash flames

Dj Wheels reports that the trial has resumed in the case of Marco Antonio Valencia, charged with murder and hit-and-run, among other charges, in the death of Joseph Novotny and the serious injury of three other riders.

According to Wheels, the prosecution has rested their case, and the defense is expected to conclude today after calling a single witness.

The defense’s expert witness, Dr. Ari Kalechstein, a neuro-psychologist who has testified in numerous other trials about the effect of intoxication on the brain and the effect on behavior, offered the opinion that Valencia was “unconscious” (either blacked out or passed out) at the time of the collision with the cyclists.

The prosecution’s cross examination has begun and will resume tomorrow morning (Tuesday) at 10:30am.  So far, the prosecution is attempting to establish that although someone is “unconscious” (i.e. blacked out) they can still be aware of what they are doing.  Also that despite the expert’s opinion, he can not provide the jury with any indication of what was going on in the mind of Valencia at the time of the collision.

After the defense rests, the judge and attorneys will have to confer about the appropriate jury instructions to read to the jury before closing arguments begin.

Hopefully they get through it all tomorrow so the jury can start deliberating.

The Signal reports on the same testimony, and notes Valencia faces 27 year to life if convicted on the murder charge.

.………

Jim Lyle reports that the news is good for Richard Schlickman, the cyclist injured recently in a fall caused by new speed bumps in Palos Verdes Estates, as he has been moved to a rehab facility and is talking up a storm. Meanwhile, no change in the condition of Adam Rybicki, critically injured in a collision with an alleged drunk, under-aged driver.

.………

California’s proposed three-foot passing law makes it onto the legislative agenda; provisions also include a requirement that drivers pass riders at no more than 15 mph above the speed of the bike, with a fine of $250 for violations. Meanwhile, Kansas cyclists get a shiny new three-foot passing law of their very own; that brings the total up to 17 states with a three-foot law.

And it could soon be illegal to use a hand-held cell phone while you ride.

.………

What kind of a jerk would steal a bike from a teenager with Downs Syndrome? As I’ve said before, there’s a special place in hell…

.………

Now you can round up your credit and debit card purchases, and contribute the difference to the Bikes Belong Foundation to support projects like People for Bikes and Safe Routes to School.

.………

The bike-hating New York Post once again smears Gotham cyclists, noting that 24% of riders they observed in bike lanes at a busy intersection ran red lights — but fails to note that the overwhelming majority didn’t. According to the paper, fifteen percent rode the wrong way or swerved in and out of bike lanes; yet once again, they neglect to mention that 85% stayed in the lanes and rode with traffic. Or the distinct possibility that cyclists swerved out of bike lanes because they were blocked by the city’s famously double-parking drivers or pedestrians who use the bike lane as an extra sidewalk.

They also get their hackles up over the 81 cyclists out of 7,182 riders — just over 1% — who rode on the sidewalk; something tells me a lot more drivers than that parked in the bike lane. And of course, when they describe an average of four near-collisions an hour, they fail to note who was at fault, absurdly implying that the cyclists were to blame in every case.

In a textbook example of pot calling kettle black an editorial today, the paper says “far too many cyclists are clueless, boors or bullies,” and calls for a continued crackdown on New York cyclists.

You have to admire a publication with such a firm commitment not to let facts or rationality sully their pages.

Meanwhile, some New York cyclists consider the city’s separated bike lanes “deathtraps;” however, the Wall Street Journal notes that the number of riders killed in them totals exactly zero.

And much-maligned NYDOT Commissioner Janette Sadik-Khan joins the board of Occidental College; could this be a first step in coming back home to Los Angeles?

Pretty please?

.………

Will Campbell shares a photo of the ghost bike for shooting victim Manuel Santizo. LACBC wants your support for bike lanes on the soon-to-be-widened North Spring Street Bridge. LAPD bike cops could soon be zipping around on e-bikes. Streetsblog notes that removing Brentwood and the Westwood condo corridor reduces the effectiveness of the planned Wilshire Bus Rapid Transit lane by 40% — not to mention putting cyclists, who would share those lanes, at continued risk in some of the most dangerous sections of the boulevard. HuffPo offers a biking route from Echo Park to Venice Beach. Gather some friends together make your own Santa Monica CicLAvia. Help take CicLAvia to South L.A. Dancer ala Mode says her new career as a bike advocate began when someone stole her bike. Next time you need your Penny Farthing fixed, Flying Pigeon can handle the job.

Rick Risemberg visits the new separated bike lanes in Long Beach; Mihai and Gary Kavanagh seem impressed as well. A Monrovia High student nears a perfect season in the SoCal high school mountain bike league. Great bike photos from the Claremont Day of Champions. Bicycling’s ride of the day is our own Mt. Baldy. Long Beach’s biking expats Russ Roca and Laura Crawford are the proud owners of Bike Radar’s website of the week. A 17-year old OC cyclist riding on the 405 Freeway gets a good talking to from the police. A San Diego cyclist suffers a life-threatening injury after being doored by a driver getting out of her parked car.

A comprehensive beginners guide to bicycling. How bike economics can help beat the energy crisis. Wired looks at the culture of bike messengers. Complete Streets means the freedom to get around the way you want. A bike hating Tucson driver considers switching sides. Former president George W. Bush rides with the Wounded Warrior Project. Illinois police will now track dooring incidents, after originally saying they couldn’t. Minnesota reminds drivers to share the road after the state suffers its first cycling fatality of the year. A new campaign identifies bike-friendly businesses in New York; something tells me the Post won’t be one of them. Mo Rocca says when the U.S. becomes a third world country, we’ll all be riding bikes; hey, works for me.

Male drivers are twice as likely to have distracted-driving collisions as women. A London cabbie starts a campaign against high-intensity headlights, saying they put cyclists and others at risk by blinding drivers. An 81-year old UK man is killed in a collision with a cyclist. BoJo will be giving Will and Kate a tandem for a wedding present. Pharma Lotto rider Phillipe Gilbert wins three classics in a single week, though some question if the Schleck brothers handed the last one to him. Tel Aviv is the latest city to suffer a bikelash over bike lanes. South Jakarta gets its first bike lanes, though it looks more like motorcycle parking in the photos.

Finally, New York state police pepper spray a drunk cyclist. And a member of New York’s Transportation Alternatives board of directors says cyclists need to show we’ll use bike lanes responsibly; if drivers were held to that standard, no new roads would ever be built.

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

Cyclist killed in Indio area, suspected Jim Swarzman killer released, Marco Antonio Valencia on trial

April 15, 2011 / / 9 comments

I was really hoping I wouldn’t have to write this.

Last night, the CHP reported a collision involving a cyclist in the Indio area; the cryptic feed indicated that the coroner had been called.

As I searched for confirmation, though, I found another report online that said the coroner call had been cancelled, and the rider had been transported to the hospital with major injuries. The CHP feed was later updated to indicate that, as well.

Unfortunately, the good news didn’t last.

According to a story in the Desert Sun, 39-year old Travis Carroll was pronounced dead at 8:17 last night, after being hit by a van while riding on Avenue 42 in Bermuda Dunes. The collision occurred between Washington and Adams Streets at around 7:35.

The sparse description of the collision in the Desert Sun doesn’t really make sense.

The paper reports that Carroll was riding on the north side of the street, which suggests he would have been riding west if he was riding with traffic. He then reportedly began riding southeast, which would mean he either had to make a U-turn, or had actually been riding against traffic and drifted across the roadway before being struck by the west-bound van,

However, that raises the question of why he would cross the path of an oncoming vehicle which should have been clearly visible as he faced it — especially since the paper reports that alcohol does not seem to be a factor.

According to reports, the investigation is ongoing.

.………

The same day Encino endurance cyclist Jim Swarzman was laid to rest at Forrest Lawn, word came that the driver suspected of killing him was released from custody.

According to San Diego’s KGTV, Joseph Ricardo Fernandez was released at the last moment before being arraigned. Reportedly, the reason stemmed from the three day limit authorities have to file charges after taking the suspect into custody.

The station indicates that the delay is due to ongoing forensic work to ensure that Fernandez’ Dodge Ram 1500 pickup was in fact the vehicle that took Swarzman’s life; following that, the DA needs to be able to show that Fernandez was actually the one behind the wheel.

I would hope that they are also investigating his actions before the collision; I suspect they may find that he was drinking heavily.

The reports I’ve heard say the collision was extremely violent; I’ll spare you the details, but it would have been virtually impossible for the driver to have been unaware he hit something, putting to question Fernandez statement to the police that he thought he might have hit something.

Unless he was in a significantly altered state, the driver had to know damn well that he hit something, making his flight afterward a purely intentional — and illegal — act.

The investigation is ongoing, and I have no reason to believe the San Diego DA’s office isn’t taking this case very seriously. But we may want to keep on top of it, just in case.

.………

I’ve been on the run the last few weeks, and haven’t had a chance to update the ongoing legal cases (my apologies to cyclist/attorney Dj Wheels, who has done a great job of keeping me abreast of the ongoing cases).

Wheels reports that the trial has begun in the case of Marco Antonio Valencia, charged with killing Joseph Novotny and seriously injuring three other riders in an alcohol and drug-fueled hit-and-run.

The Signal reports on yesterday’s testimony from the surviving riders; it’s difficult to read, but offers the clearest picture yet what happened on that tragic day. Here’s one brief excerpt:

Chad Lewin, 25, was riding in front of Munana and Novotny during the ride.

As Lewin was riding around a right turn, he saw the bicyclist in front of him slam on his brakes abruptly.

To avoid crashing, Lewin testified that he swerved into the roadway to his left to avoid crashing.

In an instant, he was knocked to the ground by the truck. As he slid, Lewin said his skin was ripped off — in some instances to the muscle.

“As I was sliding backward, I saw Joe 20 feet in the air and hit the mountainside,” Lewin said.

Dj Wheels has been attending some of the court sessions, and offers these thoughts:

It appears that Valencia’s defense will mainly focus on avoiding the “Watson” 2nd degree murder charge by arguing that although he was awake and able to drive, he was not “conscious” of his actions and thus did not have the required specific intent for murder, which would be implied malice.

I don’t know all the case law on these types of DUI murder charges, but essentially Watson says when you have been previously convicted of DUI, you should know all ready that driving drunk can cause serious injury or death, which would establish the intent requirement of malice.  The CA legislature later enacted CVC 23103.5.  As a resulty, many county courts and district attorneys offices for several years now have required defendants to sign a declaration admitting that you acknowledge these risks and that you may be charged with murder if someone dies as a result of their drunk driving.  I believe this declaration can also be used as evidence.

However, under CA Jury Instructions 8.47 says “If you find that a defendant, while unconscious as a result of voluntary intoxication, killed another human being without intent to kill and without malice aforethought, the crime is involuntary manslaughter.”

So my guess is that the defense will try to establish that none of the witnesses actually saw the driver of the vehicle (specifically his face/body) in the seconds before the collision and during the collision in order to establish a reasonable doubt about whether he was indeed “conscious.” I think the only defense witness will be the expert who will testify that someone can be unconscious due to voluntary intoxication, but still be awake.
.………

As long as we’re on the subject of biking collisions and court cases, we might as well keep going.

Danae Marie Miller will be arraigned today on one count of felony vehicular manslaughter with gross negligence while intoxicated in the death of world-class trialthlete Amine Britel in Newport Beach last month. She’s currently out on $100,000 bail.

.………

John Stesney reports that a pretrial hearing is scheduled next week in the death of local scientist and cyclist Doug Caldwell. The hearing for accused driver Gordon Catlett Wray will take place at the San Fernando Courthouse, 900 Third Street in the city of San Fernando, on Wednesday, April 20th at 8:30 am, case #0SR05313.

My sources indicate that despite numerous questions that have been raised that the defendant was using a cell phone at the time of the collision, the prosecutor either can’t get the records, or won’t request them for some reason — even though they could offer proof of distracted driving in fatal collision.

Maybe a few cyclists in the courtroom could stiffen the DA’s resolve, and show how seriously we’re taking this case.

.………

Dj Wheels reports that Shawn Fields was arraigned on March 30th for the heartbreaking hit-and-run death of 17-year old Danny Marin in Pacoima last year; a description of the injuries suffered by Marin — again, I’ll spare you the details — suggests another extremely violent collision.

Wheels offers some revealing testimony from the case:

According to the arresting officer, Fields was asleep at home by the time they arrived at the location where the vehicle was registered. He wouldn’t wake up at first after knocking and banging on the windows from where they could see him sleeping.  Fields also volunteered a statement before being taken to the police station that he shouldn’t have driven home because he had too much to drink at a wrap up party at the Roosevelt in Hollywood. He also saw many bottles of various alcoholic beverages inside Field’s house.

Also, the officer that administered the breath test at the station noted that his BAC was .14/.15 at about 4:15 a.m. The collision occurred about three hours earlier.

The investigating officer who interviewed Fields at the station also testified. Fields told him he got to the party around 10pm and drank a long island ice tea, a red label whiskey, a gin and tonic, beer and some water before leaving. After walking out, he had a bacon wrapped hot dog on the street, threw up on himself, debated whether to drive home, waited in his car for a while then finally drove.  He did not have a recollection of actually driving home, but recalled he may have hit something because he remembered being at a stop light close to home and looking at sparkly dust on his arms from the shattered front windshield.

.………

A preliminary hearing is scheduled for April 28th at 8:30 am in the San Bernardino Superior Court in the case of Patrick Roraff and Brett Michael Morin for the street racing death of pro cyclist Jorge Alvarado last April.

.………

A preliminary hearing is also scheduled for May 11th in the case of Stephanie Segal, charged in the drunken hit-and-run death of cyclist James Laing in Agoura Hills last October.

.………

Jim Lyle forwards news that Richard Schlickman, the cyclist critically injured when he lost control of his bike due to newly installed speed bumps in Palas Verdes Estates, is showing amazing progress and determination, and may be transferred to a rehab facility by the end of the month.

.………

Meanwhile, reports are that your prayers continue to be needed for Adam Rybicki, critically injured by an alleged underage drunk driver in Torrance on April 3rd.

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

Fight back against blocked bike lanes, SoCal bike crime beat, a brief rant and a long list of events

March 12, 2011 / / 6 comments

It’s not like we have enough of them as it is.

I mean, I can’t speak for you. But few things tick me off more than riding through one of the all-too-few bike lanes in this megalopolis we call home — let alone the even rarer ones that are actually worth using — only to suddenly have to dart into unforgiving traffic without warning.

All because some jerk decided to double park in the bike lane. Or maybe leave their garbage bins in our designated riding right-of-way.

Or my ultimate annoyance, a movie or construction crew that felt a need to place their orange cones in our way on the off chance that someone might actually stray a little too close to one of their precious trucks.

Which makes me want to slap the side of the damn things as hard as I can while I ride by. Something I have only barely managed to avoid doing.

So far.

Fortunately, there are cooler — and wiser — heads in this world.

Take I Block the Bike Lane.

A new nationwide bike safety program, IBBL invites riders to place non-destructive, static-cling stickers on vehicles and objects blocking bike lanes.

And not, as I am often tempted, to tell them what jerks they are. But rather, to start a constructive dialogue that maybe, just maybe, might make the driver think twice about doing it again.

I’ll let Michelle, one of the founders of I Block the Bike Lane, explain the rationale behind the program — and how you can get involved.

According to the National Highway Traffic Safety Administration’s most recent statistics, 603 bicyclists died on US roads in 2009 and another 50,000 were injured in traffic. The state of California is consistently second only to Florida in cyclist fatalities. A new and national campaign is seeking to cut those numbers by making motorists aware of the dangers associated with blocking bicycle lanes.

iblockthebikelane.com is a sticker campaign aimed at driving motorists to a friendly and educational website. At the heart of the initiative are Bike Lane Sticker Teams, who place iblockthebikelane.com easy-peel stickers on vehicles illegally standing or parking in clearly marked bicycle lanes. The stickers are invitations to visit the website, which houses a safety plea from bikers, as well as current bicycle-related news and information.

The campaign also stresses to bikers the importance of riding responsibly and peacefully coexisting with motorists.

Visitors to the website are encouraged to leave comments. One of the goals of the campaign is to foster a constructive dialogue between drivers and bikers, in the hopes that mutual understanding will make everyone feel better about sharing the streets.

As the campaign builds momentum, its organizers are looking for Bike Lane Sticker Team volunteers in cities across the country. Information about participation and sticker orders can be found online at www.iblockthebikelane.com/jointheblst.

I often have guest authors on here because I enjoy offering a variety of perspectives and seeing cycling issues through someone else’s eyes. Even if I don’t always agree with what they have to say.

But this is one program I can get behind without hesitation.

So place your order.

And go out and stick it to ‘em.

Just a quick aside — if, like Michelle, you have something you’d like to share with the biking community here in L.A., California and around the U.S., just let me know. You can find my email address on the About BikingInLA page.

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In the local SoCal bike crime beat, Patricia Ann Izquieta has been sentenced to three years in prison for killing cyclist Donald Murphy while high on prescription medications in a 2009 Newport Beach hit-and-run. And arraignment has been postponed for the woman for allegedly killed Jose Luis Carmona in a drunken hit-and-run while he walked his bike on the side of PCH.

Meanwhile, this somehow flew under my radar, as Jose Luis Huerta Mundo pleaded guilty to a misdemeanor count of vehicular manslaughter without gross negligence in the death of cyclist Michael Nine in Newport Beach last year, and was sentenced to 360 days in jail on February 7th. However, cyclist/attorney Dj Wheels reports that he was released from custody two days later on February 9th; even if he was credited with time served from the time of his July 21st arrest, that works out to a lot less than 360 days. He may soon be deported, if he hasn’t been already, since ICE had a hold on him pending his release.

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At a Thursday Community Board meeting, New York’s embattled Prospect Park West bike lanes were supported by 86 people, with just 11 opposed.

But let me get this straight.

People affected by the earthquake in Japan are fighting for their lives right now, while people in Libya are fighting for their freedom. And a bunch of rich people in New York are fighting over a goddam bike lane?

Seriously?

Sometimes it seems like if you’re not pissed off, you’re just not paying attention.

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Metro throws down a challenge for local developers to build a mobile app or mash-up using their transit data; winner could get a cash prize of up to $2000. A kickoff event will be held March 31st, with entries due May 20th.

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

The next Folk Art Everywhere ride rolls this Saturday from noon to 3 pm starting at Rudy Ortega Park in San Fernando, giving you a chance to tour the Northeast Valley is a fun and easygoing way, while you learn about the Valley’s past and present Native American tribes. Speakers will represent Tia Chucha’s Centro Cultural, Pacoima Beautiful and Pukuu Cultural Community Services.

Celebrate St. Patrick’s Day a few days early at the Hermosa Beach St. Patrick’s Day Parade beginning at 11 am on Saturday, March 12th along Pier Avenue; you may recognize some familiar faces in the bike parade.

Flying Pigeon and the Bike Oven host the free Spoke(n) Art Ride on the 2nd Saturday of every month; the next ride will take place on March 12th, starting 6:30 pm at 3714 N. Figueroa St. in Highland Park.

Also on the 12th, Long Beach continues their series of workshops for the city’s new Bicycle Master Plan with a bike ride from 10 am to 11:30 am, and a community workshop from 11:30 to 1 pm at the Expo Center (Bixby Knolls)
4321 Atlantic Ave in Long Beach. Additional workshops take place on Saturday the 19th and Wednesday, March 23rd.

Help refine the route for CicLAvia’s planned expansion into South L.A. with a monthly bike ride starting at 1 pm at Trust South LA, 152 West 32nd Street; email tafarai@trustsouthla.org for more information.

Flying Pigeon’s Get Sum Dim Sum ride takes place on the third Sunday of each month; the next ride will be Sunday, March 20 from 10 am to 1 pm, starting at 3714 N. Figueroa St. in Highland Park.

The County of Los Angeles begins a series of 11 workshops for the new 2011 draft Bicycle Master Plan on Tuesday, March 28th from 6 to 7:30 pm at Topanga Elementary School, 141 N. Topanga Canyon Blvd, in Topanga. Additional workshops will be held March 29th, March 30th, March 31, April 4th, April 5th, April 6th, April 11th, April 12th, April 13th and April 14th; click here for locations and times.

There should be an app for that. Metro invites anyone with a good idea to develop useful mobile apps or web mash-ups utilizing their transit data, with a goal of enhancing riders ability to use transit and encouraging more people to go Metro — and you could win up to $2,000 for your efforts. Learn more on Thursday, March 31st from 6 to 7:30 pm at Metro Headquarters, One Gateway Plaza Downtown.

The Santa Clarita Century is scheduled to roll on Saturday, April 2nd with rides ranging from a family ride to a full century.

If you’re looking for something a little more relaxed, visit the free Magical Magnolia Bicycle Touron Saturday, April 2nd from 3 to 7 pm in the Magnolia Park neighborhood in Burbank; be sure to visit Porto’s Bakery for a great Medianoche or Cubano sandwich and Cuban pastries.

The next three CicLAvias will take place on April 10th, July 10th and October 9th. If you missed the first one, don’t make the same mistake again; word is that Lance won’t.

Keep the post-CicLAvia good bike feelings going on Thursday, April 14th with Bike Night at the Hammer Museum, starting at 7 pm at 10899 Wilshire Blvd in Westwood. Free admission, free food, drinks and screenings of the 1986 BMX classic Rad.

The Antelope Valley Conservancy sponsors the 16th Annual Antelope Valley Ride on Saturday, May 7th with rides of 20, 30 and 60 miles; check-in begins at 7 am at George Lane Park, 5520 West Avenue L-8 in Quartz Hill.

L.A.’s 17th annual Bike Week takes place May 16th through the 20th, with an emphasis on bike safety education, and events throughout the city. This year’s Blessing of the Bicycles will take place as part of Bike Week on 8 to 9:30 am on May 17th at Downtown’s Good Samaritan Hospital, 616 S. Witmer Street. And Metro is looking for Bike Buddies to guide inexperienced cyclists on Bike to Work Day; heads-up courtesy of the marathon-training danceralamode.

The San Diego Century ride takes place on Saturday, May 21st with rides of 37, 66 or 103 miles, starting in Encinitas, along with free admission to an expo featuring sports, local cuisine and live music.

L.A.’s favorite fundraiser ride rolls on June with the 11th Annual River Ride; advance registrationis open now. Volunteers are needed now and on the day of the ride, email RRvolunteer@la-bike.org for more info and to sign up.

And mark your calendar for the 2011 L.A. edition of the Tour de Fat on October 9th; unfortunately, Yom Kippur also falls on that date this year, so cyclists of the Jewish Persuasion will have to choose between atoning and having something else to atone for.

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The American Prospect says L.A. could be the next great cycling city, while the city breaks ground on the new West Valley River Bike Path, though not everyone approves. The city finally fixes 4th Street’s infamous Hudson River, yet leaves the pavement looking like a war zone. For anyone who struggled to finish a century, try riding 256 miles in a single day. The City of Covina wants your opinion for its new bike plan; the South Bay is working on a bike plan of its own to connect seven local cities. Long Beach continues to outpace the rest of us, with construction starting on a 3rd Street road diet. Find a bike safety class near you.

The Feds are already greenlighting innovative bikeway designs based on the new NACTO standards. A look at bike commuter trends in the U.S. The National Bike Summit rides in honor of Gabby Giffords. Bike pins are popular in the halls of Congress, let’s see if that translates into votes on the floor. Oregon Democratic Rep Earl Blumenauer says opposing bike lanes is bad politics; please tell that to the guys on the other side of the aisle. Las Vegas is trying to make access to its new transit center bike friendlier; if they really want to make Vegas bike friendly, try turning down the daytime temperatures and taming the traffic a little. Portland cyclists actually get little street icons to show where to trigger a traffic signal. Nine rules for riding in a paceline. Rhode Island considers a vulnerable road user law. NY Post gossip columnist Cindy Adams calls NYDOT Commissioner Janette Sadik-Khan “that transportation insect;” hmmmm, I wonder which of those two is actually making the city a better place to live? Hint: it ain’t the gossip maven.

Developing better aerodynamics on the cheap. After suffering serious injuries in his first bike race, a cyclist sues for $20 million. Once, bike tunnels were built before car tunnels; now they’re nearly forgotten. The Beeb takes a beautiful look at the beauty of the bicycle. London Cyclist once again ranks the top 50 bike blogs, and once again, I’m not on it. Take part in a 115 mile pre-Olympic ride around London this September. Four months in jail for a drunken bike theft and crash while fleeing the police. A Dublin bike counting system can count bikes on the bike path, but not the road next to it. Relatives of a British cycling victim get the support of over half the members of the European Parliament to improve bike safety. Bike shops do big business as people look for alternative transportation after Friday’s earthquake, while the fancy automated bike parking facilities don’t work. Cyclelicious explains what we’re seeing on the news from Japan — and why he’s concerned about it.

Finally, writing for City Watch, a university professor professes a knowledge of economics while demonstrating an auto-centric misunderstanding of street planning, claiming that Angelenos who want more bike lanes need a reality check.

Funny, you’d think an Econ professor would understand that traffic is not a zero sum equation. On the other hand, Zev seems to get it.

And boy, do I know this feeling.

Category: Advocacy & Politics, Car vs Bike, Guest Columns, Legal Cases, Streets and Infrastructure / Tags: , , , , , , ,

A raft of legal cases — 5 deaths, 4 hit-and-runs, 1 drunken pop star and a justly jailed physician

February 4, 2011 / / 2 comments

I haven’t had a lot of opportunity lately to keep up with recent bike-related court cases, or even to update the Legal Cases page on my blog — something I’ll try to get to over the weekend.

Fortunately, local cyclist and attorney Dj Wheels continues to do an incredible job of keeping on top of what’s happening in our local courts, as well as with key trials across the country. This past week, he sent his latest update on some of the cases currently making their way through the courts.

My heartfelt thanks to Wheels, who has done more to keep the local cycling community informed than we could ever thank him for.

Shawn Fields – PA068775 (San Fernando)

Charged in the drunken hit-and-run death of 17-year old Daniel (Danny) Marin on Laurel Canyon Blvd in Pacoima on October 2nd of last year. While any cycling death leave me shaken, this is one that has hit me the hardest. Maybe it was the needless waste of a bright, well-loved young man; maybe it was because he reminds me of myself at that age. Or maybe just because I think I would have liked him if I’d ever had the chance.

Last hearing was held on January 21 – proof of compliance with discovery requests.  Although the Preliminary Hearing had all ready been scheduled for February 2, that hearing was advanced and continued to February 16 in Dept. 502 – Judge Olmedo.  Fields remains out of custody on bail.

Marco Antonio Valencia – PA065011 (San Fernando)

Valencia is charged with killing cyclist Joseph Novotny and seriously injuring two other riders in Santa Clarita’s Bouquet Canyon. He is accused of exhibiting a “willful, wanton disregard for human life,” by driving with a blood alcohol level of .18, as well as methamphetamine, cocaine and marijuana in his system at the time of the morning collision. After the wreck, he reportedly told a deputy to shoot him because his life was over; unfortunately, it was Novotny whose life was ended.

After numerous continuances of the trial date, Valencia will probably be on trial by the end of February for DUI/murder charges.  The next hearing is scheduled for February 14 as a 0 of 20 for Trial.  Valencia is still in custody.

Yelena Krupen – 0BV00450 (Beverly Hills)

Beverly Hills model Yelena Krupen was charged with fleeing the scene after hitting cyclist Brandon Chau on Santa Monica Blvd in Beverly Hills, in a case that infuriated local cyclists by demonstrating just how hard it is to get justice if the rider isn’t critically injured.

She was sentenced on December 7 to 25 days county jail for misdemeanor hit and run property damage and driving on a suspended license charges, plus restitution to the victim.  She surrendered on December 27 to the women’s detention facility in Lynwood.  Her projected release date was January 6 according to the Sheriff’s inmate locator page, but it has not been updated with an actual release date.

Jose Luis Huerta Mundo – 10HM05193 (Newport Beach)

He’s charged in the death of popular OC cyclist Michael Nine, who was killed on a group ride when he collided with a truck driven by Mundo, who was in the country illegally after previously being deported. Mundo allegedly made an illegal turn on a blind corner; Nine was riding downhill at speed and was unable to avoid the truck.

Trial was held in mid November and the jury was hung.  Mundo is being re-tried.  Pre-trial conference is scheduled for February 7 and trial is tentatively scheduled for February 28.

Patrick Roraff – FSB1002475 (San Bernardino)

In another devastating case, rising pro racer Jorge Alvarado was killed shortly after moving from Mexico to the San Bernardino area to join the short-lived Bahati Foundation racing team. He was killed when Roraff was allegedly street racing another car driven by Brett Morin, who is also charged. Along with the fallout from fellow team member Floyd Landis’ doping accusations, Alvarado’s death helped destroy what had been a promising new pro team headed by a local riding hero who gives back to the community he grew up in. If you have the heart to handle it, read the heartbreaking Spanish language comments from those who knew and loved Alvarado.

Pre-Preliminary Hearing is scheduled for March 1 and Preliminary hearing for March 3.  Roraff remains out of custody on bail.

Carlos Bertonatti – F-10-001742  (Miami-Dade County, Florida)

Bertonatti is the Miami pop singer charged with killing cyclist Christophe Le Canne last year in yet another drunken hit-and-run, culminating in a police chase with Le Canne’s bike still lodged under his car. Bertonatti was still on the road despite racking up over 40 moving violations in the past 12 years.

Trial Hearing scheduled for February 22.  http://blogs.miaminewtimes.com/riptide/2010/12/carlos_bertonatti_released_on.php

Dr. Christopher Thompson – B221794 (L.A. Downtown Appellate Court)

The Good Doctor was convicted in the vehicular assault of two cyclists in Mandeville Canyon on the 4th of July in 2009. Not surprisingly, he is appealing his conviction.

Attorney General’s responsive brief is due March 1, with no further continuances.  Thompson remains in custody at Wasco State Prison.

In addition to the cases Wheels mentioned here, charges were recently filed against Stephanie Segal in the drunken hit-and-run death of cyclist James Laing in Agoura Hills, and Patricia Ann Izquieta has pleaded guilty in the “drug addled” death of cyclist Donald Murphy in Newport Beach last year.

Category: Bikes & the Law, Dr. Christopher Thompson, Injuries and Fatalities, Legal Cases / Tags: , , , , , , , , , , , , ,

Izquieta pleads guilty in OC drugged hit-and-run death; Jay Slater elected chair of BAC

February 2, 2011 / / 6 comments

Riverside resident Patricia Ann Izquieta has pleaded guilty in the 2009 death of cyclist Donald Murphy in Newport Beach.

According to KPCC 89.3 – which describes Izquieta as “drug-addled” at the time of the collision — she changed her initial not-guilty plea to admit to charges of felony hit-and-run with death or permanent injury, felony manslaughter while intoxicated and misdemeanor driving without a valid license.

And for that, she is expected to receive a whopping three years in prison — despite being under the influence of several prescription medications at the time of the collision.

On the other hand, Murphy, who spent much of his spare time working with recovering addicts in halfway houses, received the death penalty for the crime of riding a bike on a public street.

Don’t get me wrong. I’m glad there was a conviction in this case, and that justice was done.

But sometimes justice stinks.

.………

In a surprising move, Jay Slater is elected Chair of the city’s Bicycle Advisory Committee by a one-vote margin after calling for better outreach to LADOT, the mayor and City Council committee heads; former Chair Glenn Bailey is unanimously elected Vice Chair.

Glenn has done a great job as Chair over the last few years, raising the profile of the BAC and helping restore it to it’s legitimate place as the leading voice for cyclists in L.A. government. Regardless of last night’s vote, he deserves the thanks of the city’s cyclists for a job well done; if you’ve noticed improvement in how we’re treated on the streets and in City Hall, he deserves a lot of the credit.

And congratulations to Jay Slater, who is well-respected in L.A. cycling circles and well-connected to city leadership. Here’s hoping he can build on Glenn’s work and take the BAC to the next level.

I know, like and respect both men. If they can work well together as leaders of the BAC, it should be an unstoppable combination.

Thanks to Christopher Kidd for live tweeting the meeting. Meanwhile, Chris also reports on last week’s meeting of the BAC Bikeways Subcommittee.

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People for Bikes urges everyone to help double their membership by inviting a friend to take the pledge. So I’m asking you. If you haven’t signed up yet, take 30 seconds to do it right now; you could win a free Timbuk2 messenger bag.

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America’s rising bike hero puts his first pro year on hold as Taylor Phinney pulls out of the Tour of Qatar due to tendonitis in his knee. I’ve had the privilege of riding with both his parents — not that they’d remember it — and word is that he’s better than both onboard a bike, which is saying something. And he seems to be a genuinely nice guy, which appears to run in the family.

Meanwhile, Floyd “I was lying then but seriously, I’m telling the truth now” Landis says he had to choose between cheating by doping and being cheated by dopers; the Amgen Tour of California says not on our watch. Alexandre Vinokourov says this will be his last year as a pro cyclist. And Aussie cyclist Jack Bobridge breaks Chris Boardman’s 15-year old world record in the 4 kilometer individual pursuit.

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A DC area writer says cyclists will follow the rules when the rules make more sense. Ohio bike lawyer Steve Magos responds that cyclists need to follow the rules and obey the traffic laws we have now.

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The L.A. City Council decides not to decide on a proposal for bus and bike-only lanes on Wilshire Blvd. Car-less Valley Girl offers great advice on what not to do when you ride a bike and why; seriously, read it already. REI Santa Monica is hosting a presentation on cycling California’s central coast by the extremely nice and knowledgeable Meghan Kavanagh. Joe Anthony of Bike Commute News writes a great piece on the history and importance of the Save A Cyclist campaign; it’s definitely worth reading — and not just because he quotes me. Good daily news report from L.A.’s 2nd Council District. I spent most of yesterday on Tuesday’s ride from the Ballona Creek outlet to L.A. City Hall hosted by Jared Blumenfield, West Coast Administrator for the EPA. The Valley Bikery celebrated the Grand Opening of their new storefront, with coverage by CicLAvia and Streetsblog’s Damien Newton. Speaking of CicLAvia, mark your calendar for April 11, July 10 and October 9. More on NIMBYist opposition to the proposed extension of the beachfront bike path in Venice, as well as a surprising supporter. Tim Robbins rides a bike in Santa Monica. Long Beach hosts a workshop on the city’s bike master plan Wednesday night, part of a series of upcoming meetings. The city also begins construction on separated bike lanes downtown; thanks to Frank Peters for the heads-up. The Claremont Cyclist examines differences in helmet use between lycra and denim clad riders.

San Diego-area Representative Duncan Hunter, recent recipient of his similarly named father’s hereditary seat, says getting San Diegans out of their cars is not feasible; way to think small, Congressman. Just Another Cyclist says California’s Mandatory Use Law really isn’t. Do SF cyclists consider new center lane sharrows too dangerous to use? A bicycling widow campaigns for safer roads for cyclists a year after his death.

Elly Blue says don’t be afraid to ride a bike, be afraid of what could happen if you don’t. A new $16 tool could save your next bent rim. A University of Arizona student has her first bike commuting collision, with another cyclist no less. Chicago’s leading mayoral candidate is an avid cyclist and bike supporter. Boston Biker astutely tells motorists cyclists are not the ones slowing them down. A columnist for the Boston Globe says if a little less car space is the price we have to pay to see women, children and the elderly pedaling the city’s streets, it’s worth it; thanks again to Frank Peters. John McCain — who I used to admire — has gone from maverick to whack job, insisting that not one federal dime be spend for bike parking at airports; God forbid some crazy person might actually want to ride to one instead of spending hours in backed-up traffic.

A Bahamian cyclist is murdered as witnesses report seeing a driver chase and intentionally run him down. No European-style strict liability for English cyclists; more on that topic soon. The BBC notes the rise of bike helmet cams; here’s a quick overview of some of the leading options. Town Mouse reports on the new Cycling Embassy of Great Britain after failing to get her Boris Bike account to work. Northern Ireland’s Assembly votes to reduce the rate of cycling in the province by requiring mandatory helmet use for all riders. In Copenhagen, parents are afraid to let their children ride because of speeding cyclists. Storming the beaches of Normandy by bike. The number one reason New Zealand is so shit for cyclists — the author’s words, not mine; personally, I think the #1 reason more people don’t ride is because we’re usually treated like #2. Ghost bikes may soon haunt Kiwi drivers; I’m a big supporter of ghost bikes, but what if we just didn’t kill any cyclists so they wouldn’t be necessary?

Finally, Cyclelicious points us towards this story about a new Jakarta bicycle track; maybe it’s just a bad translation, but I really, really like their promise to “sterilize the special track from other road users.” I don’t know what kind of disinfectant they use, but I want some.

Or I could just ride on the other side of the road. As long as it’s not this one.

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

Breaking News — Charges filed against Stephanie Segal in the death of cyclist James Laing

February 1, 2011 / / 22 comments

Somehow, this one slipped past us.

Along with a number of other cyclists, I’ve been carefully following the case of Stephanie Segal, the driver accused of killing James Laing in a drunken Agoura Hills hit-and-run last October. And wondering why it was taking the DA so long to file charges in a case that seemed so open and shut.

Wonder no more.

The question isn’t when charges will be filed, but why no announcement was made.

After doing a little digging — okay, a lot of digging — cyclist and attorney Dj Wheels discovered that charges were filed on December 27, and Segal was formally arraigned last Thursday. She pleaded not guilty to one count of felony gross vehicular manslaughter while intoxicated, PC 191.5(a); and one count of felony hit-and-run with injury, CVC 20001(a), and is scheduled to appear for a Preliminary Hearing Setting on March 3rd.

More interesting, perhaps, is that the case is being heard at the same Malibu Courthouse where Robert Sam Sanchez was convicted in the hit-and-run death of Rod Armas — and by the same judge that sentenced Sanchez to 4 years after he pleaded no contest to hit-and-run with injury and vehicular manslaughter with gross negligence.

Although I doubt there are very many people in cycling community who would be satisfied with four years in this case.

Wheels also notes that the judge has ordered Segal not to consume alcohol or controlled substances without a valid prescription, and that she has entered a residential drug and alcohol treatment facility, and was ordered not to leave without the permission of the court or program director.

In other words, she seems to be playing the same Get Out of Jail Free card favored by countless celebrities, entering rehab in hopes of leniency from the court.

The problem is, she may — or may not — sober up. But James Laing will still be dead simply because she chose to get drunk and get behind the wheel — then fled the scene, leaving a husband, son and brother to die in the street.

So let’s hope the judge is too smart to fall for that one.

But let’s make sure they know we’re watching, just in case.

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In other news, the LA Bicycle Advisory Committee offers up a very full agenda for their meeting Tuesday night at the Community Room of the Hollywood Neighborhood City Hall, 6501 Fountain Avenue. The meeting is open to the public and cyclists are encouraged to attend.

 

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