Archive for Legal Cases

Bike cases fill the dockets — Dr. Thompson was just the beginning

As Bob Mionske noted in the Times last week, the Thompson case does not represent a sea change for cyclists.

It was just one case, with unique circumstances. Like driver who admitted trying to “teach them a lesson.” A car with a unique, memorable license plate. And at least three other cyclists who could testify to similar incidents involving the same car, and the same driver.

Not to mention a police department that took it seriously — which isn’t always the case.

Unfortunately, it’s also just the tip of the iceberg.

As cyclist/attorney DJ Wheels pointed out recently, while Thompson got 5 years for intentionally injuring two cyclists, Alejandro Hidalgo got just two years for getting drunk and killing Jesus Castillo, then fleeing the scene.

Call me crazy, but on my balance sheet, Intoxication + Death + Running Away outweighs Intent + Injury. Even if it wasn’t the first time.

And that’s just the first of at least 10 other cases involving cyclists working their way through the investigative and legal process in the L.A. area.

Like Teri Hawkins, for instance.

She reportedly ran a stop sign before striking a cyclist, knocking him 30 feet through the air. The 40-year old Simi Valley resident turned herself in to the police 4 days after the hit-and-run collision that resulted in “major injuries” to the 26-year old rider, who has not been publicly identified.

After pleading no contest to hit-and-run with injury (CVC 2001a), her request for probation was denied and she was sentenced to 16 months in state prison last week, with credit for 76 days time served. Hawkins was also ordered to pay restitution, with a hearing scheduled for Tuesday in the San Fernando courthouse.

Wheels notes that turning herself in may have been a mitigating factor in the relatively low sentence — although it should be noted that her conscience seemed to kick in after her car had been located and impounded by the police.

Wheels also provided an update on the status of some of the other cases:

The preliminary setting for Robert Sam Sanchez — the driver accused of killing Rod Armas and seriously injuring his son Christian on PCH in Malibu last June — has been continued for the third time.

Sanchez was arrested shortly after fleeing the collision, which took place near the completion of the L.A. Wheelmen’s 200-mile Grand Tour Double Century. The preliminary setting, held prior to a preliminary hearing, is now scheduled for February 11 in the Malibu Courthouse. Sanchez has pled not guilty to gross vehicular manslaughter while intoxicated (Section 191.5a of the California Penal Code) as well as driving under the influence (CVC 23152a) and failure to stop after an accident involving an injury (CVC 20001a).

Rod’s sister-in-law reported last summer that Christian was doing well physically, though making it clear that the family was struggling with his loss. And an acquaintance of Sanchez noted that he was not a bad person, despite a drunken decision to get behind the wheel that has forever changed two families.

Mark Antonio Valencia was high on drugs and alcohol when he mowed down five cyclists in Santa Clarita on the morning of July 11, killing Joseph Novotny and seriously injuring two others. Valencia, who was driving his sister’s car without a license after two prior DUI convictions — as well as multiple arrests for drug and alcohol possession, selling tear gas and obstructing officers — had already been reported to authorities before the collision; unfortunately, sheriff’s deputies couldn’t catch up to him in time.

DJ Wheels reports that Valencia is scheduled for a pretrial hearing in the San Fernando courthouse on January 22. Valencia is still being held on $1.3 million bail, charged with 13 criminal counts including murder, gross vehicular manslaughter while intoxicated, hit-and-run and several DUI charges.

In a very personal case, the driver who threatened a group of cyclists, resulting in injuries to Wheel’s new wife, will be arraigned on January 26.

On January 28, the driver accused of injuring local cycling advocate Roadblock in a hit-and-run collision is scheduled for a pretrial hearing.

A February 3 hearing has been scheduled for four men charged with attempting to rob a female cyclist by striking her in the face with a baseball bat.

Meanwhile, the investigation continues into the hit-and-run that sent community leader Ed Magos to the hospital on January 6. Despite driving off and leaving another human splayed on the pavement unable to move, the driver was not arrested when she turned herself in later; no charges have yet been filed.

No word yet on the status of Patricia Ann Izquieta, who was arrested for the hit-and-run death of Donald Murphy in Irvine last month. Or whether any charges will be filed in the death of Gustavo Ramirez in Long Beach on the 5th. It doesn’t sound likely, though, since initial police statements seemed to blame Ramirez; the Press-Telegram reports on last weekend’s ride in his honor.

And there’s still no word of an arrest in the hit-and-run death of Robert Painter, the cyclist killed while riding in a crosswalk in North Hollywood last month. Fittingly, the driver is likely to face murder charges once an arrest is made.

……..

Controversy over plans for a bikeway near JPL. Travelin’ Local maps L.A. by bike. A North County San Diego paper questions whether current criminal penalties are strong enough when cars hit bikes; a drunk cyclist unwittingly volunteers as a test case. Another rider is killed in the nation’s most deadly state for cycling; Transit Miami examines why it happened there. Austin’s planned bike boulevard hits some bumps. Anchorage holds a very frosty bike race. A Colorado town revives the legendary Morgul Bismark stage from the Red Zinger/Coors Classics. German pro Matthias Kessler suffered a serious brain injury after a cat runs in front of his bike. London residents question traffic calming and bikeway plans. Lance has won seven tours; World Champ Cadel Evans says he’s only lost five.  Bikeways to the sailing venues for the 2012 Olympics could use some improvement. Scotland awards over $1.2 million to promote cycling in Edinburgh. The UK promotes child cycling through the new Bike Club. An Indian Nobel Laureate and confirmed cyclist says cars set a bad example, while a Danish politician says bikes are the obvious solution. Finally, the Trickster did indeed say it first — Michael Vink is a rising rider to keep an eye on.

And a woman walks into a bike shop

Evil on trial: Perspectives on the Christopher Thompson sentencing

This is not a happy day.

Yes, the Good Doctor got the sentence he deserved, despite what countless apologists have said online today.

But the sad thing is that a man like that, who clearly has so many supporters, committed such a heinous act. And that so many of these supporters don’t get that what he did was wrong.

You see, I don’t hate Christopher Thompson. I don’t even think he’s a bad man. Not that I ever met him.

He’s just a man who did a very bad thing.

That may sound odd, considering the header at the top of this page. But when I first started writing about the Thompson trial, I wanted to grab peoples’ attention and identify any posts on the subject. What I came up with was what you see above.

I thought someone would challenge me, and ask just what I meant by that. But no one ever did. Not even the Times, which mentioned one unnamed blogger who wrote under the headline “Evil on trial.”

So I never explained that it referred to what he did, not who he was.

During the course of the trial, Dr. Christopher Thompson has been variously described as a good husband, a good friend and neighbor, and a skilled, caring physician. I have no doubt that all of those things are true.

But none of that excuses what he did to Ron Peterson and Christian Stoehr on July 4th, 2008 in Mandeville Canyon. Or what he tried to do to Patrick Watson and Josh Crosby in an earlier incident, and at least one other incident before that.

Now Peterson has permanent scars, despite plastic surgery, Stoehr has had to recover from his injuries, and the others have to live with the memory of having their lives threatened. And an otherwise good man is facing 5 well-deserved years in prison.

According to cyclist/attorney DJ Wheels, who was in the courtroom today, Thompson faced his victims and apologized for his actions, wishing them good health. He claimed that he never wanted to hurt anyone, in a statement that brought tears to the eyes of his many supporters in the courtroom.

The Times quotes Thompson as saying, ” I would like to apologize deeply, profoundly from the bottom of my heart.” He added, “If my incident shows anything it’s that confrontation leads to an escalation of hostilities.”

His father also spoke to the court in support of the Good Doctor. In what Wheels described as a very emotional statement, speaking without notes, he talked about the things his son had done for the surgical community and how he had helped a lot of people. And told how a humiliated Christopher Thompson had to move back into his father’s home in Oklahoma after the incident.

That was offset by statements from three of the cyclists involved, who talked about their injuries, how dangerous it is for cyclists in L.A., and how the punishment should fit the crime. Looking directly at Thompson, Josh Crosby said, “You were upset that we were on your street.”

Judge Scott Millington clearly got the severity of the incident, despite noting that the 270 letters he’d received from cyclists urging a stiff sentence had no bearing on his ruling.

As the Times put it:

Los Angeles County Superior Court Judge Scott T. Millington called the case a “wake-up call” to motorists and cyclists and urged local government to provide riders with more bike lanes. He said he believed that Thompson had shown a lack of remorse during the case and that the victims were particularly vulnerable while riding their bicycles.

He sentenced Thompson to the minimum 2 year sentence for each of the two counts of assault with a deadly weapon, and added three years each for both counts of battery causing serious bodily injury; however, he ordered that those sentences be served concurrently, rather than consecutively.

There were also sentences of 1-year and 90 days for the lesser charges of reckless driving and mayhem; again, he ordered that those be served concurrently with the other sentences for a total of 5 years.

He also ordered Thompson to pay restitution for the cyclists’ medical expenses, with a hearing set for next month. And he revoked the Good Doctor’s drivers license for the remainder of his life.

However, DJ Wheels says that Thompson could be eligible for parole after serving just half his sentence, with the rest served on parole — assuming Thompson doesn’t get into trouble behind bars. And don’t be surprised if state prison authorities consider the Good Doctor an ideal candidate for early release, if plans to reduce prison overcrowding in California are put into effect.

With the felony conviction, loss of his medical license should also be a foregone conclusion — though a number of people in the medical profession have warned that it may not be as clear cut as it seems.

Of course, that does nothing to address the vitriol flying across the internet today. Like this comment that followed a story on the Arizona Star website, from a woman who claimed to be a personal friend of Thompson’s:

Not only were these cyclists COMPLETELY OUT OF LINE but they were traveling five wide on a road that is less than 9 feet across. He has NEVER injured anyone in his entire life and would never intentionally hurt someone…He caused injury to people by complete accident which could have been avoided if they had OBEYED THE RULES of the road while biking. IT IS THAT SIMPLE!!!

DJ Wheels also notes one other fact that puts this case in stomach-turning perspective. Alejandro Hidalgo is scheduled to be sentenced this Monday for the drunk-driving hit-and-run death of Jesus Castillo last April.

His sentence? Two years.

Two years for getting drunk, getting behind the wheel and running down another human being, then running away and leaving a man to die alone in the street.

Meanwhile, Thompson gets five years for intentionally injuring two cyclists, yet remaining at the scene.

What’s wrong with that picture?

In addition to the Times story, you can read additional coverage of the Christopher Thompson sentencing from L.A. Streetsblog, VeloNewsHuffington Post, KNBC Channel 4 and KABC Channel 7.

Breaking news: Dr. Christopher Thompson sentenced to 5 years

According to a report from cyclist/attorney DJ Wheels, Dr. Christopher Thompson has just been denied probation and sentenced to five years in prison for deliberately injuring two cyclists in Mandeville Canyon on July 4, 2008, as well as threatening two other cyclists in a previous incident.

More details to come.

Update: Damien Newton reports on Streetsblog that Thompson received two years for assault with a deadly weapon, with a three year enhancement for causing great bodily injury.

Evil on trial: Stand by for sentencing

I’d hoped to be in the courtroom today for the sentencing of Dr. Christopher Thompson in the Mandeville Canyon incident, in which he intentionally injured two cyclists by slamming on his breaks in from of them.

Unfortunately, I’m still homebound as I recover from my recent surgery. But DJ Wheels is in the courtroom as we speak, and promises to send an update as soon as the judge rules. So we should have breaking news soon.

Meanwhile, the Times covers the recent letter writing campaign from both sides to influence the sentencing.

Update on tragedy: North Hollywood hit-and-run victim dies

According to the LAPD, the cyclist injured early this month in a North Hollywood hit-and-run has died.

And the driver who left his broken body laying in the street as he fled the scene is now wanted for murder.

In an assault that reportedly left an experienced police detective outraged, Robert Painter was struck by a dark green or black Jeep Grand Cherokee at approximately 5:10 pm on December 2nd, while riding his bike in the crosswalk where Archwood Street crossed Laurel Canyon Boulevard. According to the LAPD, the impact “launched Painter off his bike into the air,” resulting in severe injuries; the suspect immediately fled without rendering aid.

Paramedics transported painter, a Canadian citizen living in North Hollywood, to a local hospital, where he died from his injuries this past Saturday, December 12 — 10 days after he was struck.

From the LAPD blog:

The driver of the car is described as a male Hispanic 30 to 35 years old with dark hair and dark clothes.  There was also a female passenger who was described as possibly wearing a red coat.  The suspect’s car is said to have collision damage on the front end of the driver’s side.  The suspect’s car was last seen entering an Arco gas station at the intersection of Laurel Canyon Boulevard and Van Owen Street a block north of where the collision occurred.

Anyone with information about the incident is encouraged to contact Valley Traffic Division Detectives Doug Larkin at (818) 644-8036 or Detective William Bustos at 818-644-8020.  During off-hours, calls may be directed to a 24-hour, toll-free number at1-877-LAPD-24-7 (527-3247).  Callers may also text “Crimes” with a cell phone or log on to www.lapdonline.org and click on Web tips. When using a cell phone, all messages should begin with “LAPD.”  Tipsters may remain anonymous.

The cycling community has tens of thousands more eyes on the street than the police, so keep an eye open when you ride. If you see a vehicle that matches the description, don’t try to stop it; call the police and let them do their job.

And let’s put this son-of-a-bitch behind bars where he belongs.

The ugly side of an ugly incident

It was a shocking, disturbing and hideous case of road rage that sent two local cyclists to the Emergency Room — one made worse by the realization it could just as easily have happened to any of us.

But surprisingly, some good has come out of the good doctor’s Mandeville Canyon brake test. The Cyclist’s Bill of Rights has gained some traction as a result, in the hope that we can keep things like this from happening in the future. A real dialogue has finally begun between cyclists and Canyon residents. And for the first time, we saw an overwhelming response from our new-found biking community.

Unfortunately, we also saw how ugly that community can be.

As you may have noticed, I go out of my way not to name of the doctor who cause the injuries to those riders — and who reportedly refused to offer any medical assistance afterwards.

There’s a reason for that.

It’s not like it’s hard to find his name online. And as outraged as I was when I read about the incident, I was just as  sickened to read on LAist’s followup to the incident: *Note: There are other Dr. (name deleted)s in the Los Angeles area who work in medicine and unfortunately some are being wrongly threatened.

And this from the moderator of the Socal Bike Forum’s thread on the Mandeville Incident:

Just to clarify on the “name” issue. We all know who the guy is now, where he lives and where he works… but there is no good reason for posting his personal information on a public board. On another bike site, his name and phone number was displayed and some yokels thought it would be fun to start systematic harassment. Turns out, they posted the number of the wrong guy. (EDIT: LAist just closed their “Comments” feature because a number of men with the same name have been threatened.) Similarly, the hospital where the doctor works undoubtedly has more pressing issues than dealing with phone calls from a bunch of angry cyclists. That is why we do not want such information posted. The two riders have asked that no one take matters into their own hands, and to let the police do their job…

As my friend, and author of the excellent Altadena Blog that covers life in Pasadena’s less pretentious northern neighbor, put it, “…but it’s OK the threaten the RIGHT one? Anonymous phone calls to HIS mailbox are OK? I’m with the bikers on this one, but…let the cops do the threatening! That’s what they’re paid for!”

I wonder what the doctors who were mistakenly threatened think about cyclists now? Our public perception is bad enough in this town without going around threatening innocent people.

If you’ve been following the story online, like I have, you’ve undoubtedly seen countless comments threatening the doctor, or vowing retaliation against other drivers — just as there have been comments that the riders had it coming. And countless others vowing mass traffic disruptions if the charges are dropped, or if the good doctor should somehow be acquitted.

This isn’t the time for violence — as if there ever is a right time — or aggressive civil disobedience. That would only undo the progress our community has made over the past two weeks.

No, this is a time for action.

Contact the mayor’s office and your local council member to support passage of the Cyclist’s Bill of Rights, and demand prosecution of all violent acts against cyclists, as well as an end to police bias in favor of motorists. Contact the governor’s office, as well as your local representatives in the state legislature, and ask them to take real action to protect cyclists and encourage safe cycling everywhere in California.

And while you’re at it, remind them that you bike.

And you vote.