Archive for Legal Cases

Morning Links: Killer OC hit-and-run driver jailed, Westwood Blvd bike lanes threatened, and Beverly Hills lanes fail

Justice came too late for another fallen OC rider on Thursday.

Forty-four year old Daniella Palacios was riding in Anaheim last November when she was hit by a truck driven by Junior Rigoberto Lopez. Lopez fled the scene, leaving the mother of eight to die in an Orange County Hospital.

He tried to hide the damage by fleeing to Mexico, where he had the truck repaired before returning to the US six weeks later.

It didn’t work; he was arrested after police examined the truck and discovered the repair work.

Lopez was sentenced to three years.

With credit for time served, he should be out in less than two. Probably far less.

In fact, he’s already eligible for parole.

But to the judge’s credit, parole was denied; according to the according to KNBC-4, the judge called Lopez’ actions “outrageous and nearly unforgivable.”

What do you mean, nearly?

Junior Lopez sentence

Thanks to Ed Rubinstein and an anonymous source for the heads-up.

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Both the LA Times and KPCC look at the needless controversy over bike lanes proposed for Westwood Blvd, which have so far been halted by councilmember Paul Koretz at the demand wealthy homeowners.

The homeowners cite safety concerns, fearing for the poor riders who could face harm from increased bus traffic, despite having their own lane which would keep them out of the way of buses. Unlike now, when riders are forced to share the same congested lanes with them.

Why is it that people who oppose improving safety for bike riders always seem to stress how concerned they are about the safety of bicyclists, while doing absolutely nothing about it?

And seriously, don’t read the comments to either of those pieces unless you want to lose all hope for the future of humanity.

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Speaking of needless battles, the fight over re-opening long-closed Mt. Hollywood Drive to motor vehicles at the resumes tonight at the meeting of the Griffith Park Advisory Board.

Homeowners in the wealthy Beachwood Canyon neighborhood, who evidently didn’t notice the Hollywood Sign when they moved in, are trying to turn their community into a virtual private enclave to keep tourists from besmirching their streets in an attempt to get selfies in front of the sign.

And they want the park to open the popular biking and hiking street to cars so those tourists can have a much less attractive view of the sign, at the expense of everyone else who uses the park.

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Yet another failure of rationality in the Biking Black Hole of Beverly Hills, as Better Bike’s Mark Elliot reports the city council voted not to include bike lanes on the soon-to-be-revamped Santa Monica Blvd.

This despite the fact that space for bike lanes will be available on almost the entire length of the boulevard, and require the loss of just a few feet of parkland in just one short section. And despite the fact that state law now calls for Complete Streets that meet the needs of all users, not just motor vehicles or over-privileged residents.

I’m old enough to remember a time when some towns still had signs warning minorities not to let the sun set on them inside the city limits.

That’s the same feeling I get from Beverly Hills.

They send a clear message that bikes, and their riders, are not welcome there, and they will do whatever it takes to run us out of town.

Although some of their elected leaders get it. Just not enough to make a difference.

Not surprising, Elliot also reports the city fails to address the safety of bicyclists in construction projects on the boulevard.

………

Albertor Contador insists the Tour de France is not over, despite Chris Froome’s overwhelming dominance.

One rider who won’t be challenging Froome is Teejay van Garderen, who was forced to abandon the race due to illness after struggling in Wednesday’s stage; he says he just wants to disappear after dropping out while still in third place.

Despite doping controversies, viewership of the Tour de France is up except in France; America’s only remaining TdF champ gets a warm embrace after returning to the race as a broadcaster.

The owner of the Tinkoff-Saxo team calls for a revolution in pro cycling.

Good news for Ivan Basso, whose successful surgery for testicular cancer means no further treatment is necessary.

And a Singapore cyclist competing in the South East Asian Games is under investigation for repeatedly slapping a teammate on a training ride.

………

Local

Streetsblog looks at multiple motions regarding bikeshare at today’s Metro meeting; Santa Monica’s system is scheduled for a limited opening in August, while Long Beach should open next year.

The East Side Riders fulfill a longtime dream by opening a bike co-op in Watts.

The LAPD is on the lookout for a pair of Brentwood bike thieves caught on camera stealing a bike from inside a building.

Bike LA’s battle with Hollywood over green bike lanes goes on… and on… as LA’s newly installed chief film liaison is working to find a compromise shade of green that will allow the city to finally put some paint on the streets; the city caved to filmmakers demands and stripped the paint off LA’s first green lane on Spring Street in DTLA.

 

State

Apparently having nothing better to do, the state legislature passes a bill requiring bike riders to pull over on narrow roads when five or more vehicles are following behind and unable to pass. Even though current law, which already applies to cyclists, already says exactly that.

BikeSD reports on a new study that concludes the cost of driving a car is six times the cost of riding a bike.

The next time someone says police never ticket bike riders, show them this: San Bernardino police ticketed 12 bicyclists and 31 pedestrians as part of a safety sting; not surprisingly, motorists still lead the way with 57 violations.

The weeklong Big Bear Cycling Festival kicks off this Saturday.

Sixty kids in Mecca — no, not the one in Saudi Arabia — get refurbished bikes, locks and helmets courtesy of a local transit agency.

A pair of East Palo Alto brothers, one on a bike and the other on a skateboard, help subdue a man accused of attacking an 89-year old priest.

San Francisco settles with a father who was choked by police for riding a bike with his 10-month old son in a baby carrier, but without a baby helmet. No, really.

Alameda cyclists will ride Sunday to remember a popular bike shop owner who lost his battle with cancer earlier this month.

The idiotic Orinda bike lane that places riders in the path of high speed traffic entering a freeway on double onramps is due for a safety makeover; the city’s chief engineer admits the current design is “not ideal.” A little green paint is not going to solve the problem, or encourage riders to risk their lives there.

The death of a bike rider in St. Helena last May is blamed on alcohol, even though the victim’s rental fixie had a substandard brake; the Ohio woman, who was celebrating her first anniversary, had a BAC of .18 when she rode into the side of a slow moving truck.

 

National

Outside Magazine sums up the HBO Real Sports look at the state of bicycling in the US, for those without premium cable.

AT&T offers their latest public service ad showing the devastating consequences of texting while driving.

Portland advocates say an increase in reported bike thefts means more people are trying to get them back instead of just giving up.

An Arizona driver gets nine years for killing a cyclist while high on synthetic marijuana; the victim’s friends complain the sentence wasn’t stiff enough. California cyclists are just happy to see DUI drivers get any jail time.

Colorado cyclists call a bizarrely designed bike lane a death trap. This is what happens when people who apparently don’t ride bikes design bicycling infrastructure.

Note to business owners fighting bike lanes — you’re shooting yourself in the foot. When Denver installed bike lanes on a pair of streets downtown, retail sales skyrocketed.

The Slow Roll movement spreads to Minneapolis, encouraging leisurely rides through neighborhoods where bicycling is less popular. Which is their overly polite way of saying lower-income and minority areas.

Vermont police somehow conclude a bike rider made an abrupt U-turn just to collide head-on with the wife of a cop, who was found not at fault even though she was driving drunk while high on Xanax.

A 560-pound man is riding across the country to lose weight; he’ll be getting a new donated bike after he was stranded in Rhode Island when his broke.

A bike rider is a hero after grabbing a woman’s ankle to keep her from jumping off New York’s George Washington Bridge. But bikes are the problem, right?

A seven-month pregnant woman was stabbed in the shoulder while riding her bike home from work in DC.

An Atlanta man wasn’t even safe from a hit-and-run driver while walking his bike on the damn sidewalk.

 

International

The family of a fallen Saskatchewan bike rider call her death senseless after her bike was clipped by a passing delivery truck. Actually, all traffic deaths are senseless; it’s long past time we stopped tolerating them.

Instead of fixing a dangerous railroad crossing, British authorities urge cyclists to be careful when riding near it.

More Brit women are taking up bicycling despite safety fears. Evidently, it’s okay to kill a cyclist there due to a momentary lapse in concentration.

Irish police are accused of misleading cyclists into thinking riders without helmets and hi-viz are subject to on-the-spot fines.

A Turkish adventurer has ridden through 19 countries on his bike, as well as a failed attempt to ride to the North Pole; however, authorities wouldn’t let him pedal up Mt. Everest.

 

Finally…

A Michigan SUV driver somehow couldn’t avoid hitting a cyclist, or an elementary school. Drivers parking in a bike lane is one thing; placing a permanent bus stop in one is another.

And if you’re going to threaten to permanently injure the person who stole your bike, it helps if you spell it right.

………

Thanks to everyone who expressed concern about the Corgi.

Three days, two vet visits and several hundred dollars later, we learned that she has Giardia, most likely as a result of all the irresponsible dog owners who don’t clean up after their pets around here.

The good news is, she should be back to her feisty self in a week or so.

Sienna-Foot-Back

Morning Links: Suit filed in death of Granada Hills teenager; Biking Black Hole considers SaMo Blvd bike lanes

That was to be expected.

The father of Philomene Ragni, the 17-year old bike rider killed when he was hit by a DWP truck in Granada Hills earlier this year, has filed suit against DWP and the driver of the truck.

The suit states that Ragni had the right-of-way and was riding with due care when he was struck due to the careless actions of the driver; it also alleges the driver was traveling at an unsafe speed and was in violation of several DWP policies.

Of course, lawsuits, by their nature, paint the actions of their client in the best possible light. And the ones being sued in the worst.

It will be interesting to see how this one plays out.

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Don’t forget the proposal for the much-needed bike lanes on Santa Monica Blvd in the Biking Black Hole of Beverly Hills comes up before the city council one more time today.

And this time, perhaps for the first time, it might actually have a chance.

So if you can’t there, email the councilmembers at the link above to voice your support.

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Spain’s Rubén Plaza wins Monday’s stage 16 of the Tour de France as part of a 23-man breakaway; once again, Peter Sagan finishes second after a blazing descent. Today is a rest day.

Team Sky plans to release part of Chris Froome’s performance data to put to rest rumors of doping.

Wicked crash in Monday’s stage as Geraint Thomas gets bumped, misses a turn and crashes into a telephone pole before falling into a ditch. The rider who bumped him, Warren Barguil, blames Teejay van Garderen for knocking him off his line; naturally, Teejay disagrees.

Bicycling explains how TdF riders show up on a yellow bike the day after winning the yellow jersey. Doesn’t look like that’s likely to be a concern for the remainder of this one.

Interesting post on a physics website, as a writer wonders if Lance Armstrong has actually had a net positive effect on bicycling and society, and just how to measure that.

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Local

Metro board directors Mike Bonin and Shiela Kuehl call on the agency to speed up the glacial implementation of LA’s long awaited bikeshare program. At this rate, it won’t get to Hollywood until I’m too old and feeble to use it.

The LACBC’s Tamika Butler will participate in a webinar on Active Transportation and Equity at 10 this morning. Thanks to LA Streetsblog for the link.

The LACBC’s Valley Bike Ambassadors meeting will be held tonight. Along with the LACBC’s local chapters, the Neighborhood Bike Ambassador program is one of the best ways to get involved with bike advocacy and volunteer work in your own community.

CiclaValley offers their weekly update.

Bike SGV hosts a bike train and barbeque this Sunday.

 

State

Better Bike offers a detailed manual on how to read the results from California’s SWITRS collision database.

Calbike invites you on scenic 265-mile fundraising ride from Santa Barbara to San Diego.

An 11-year old Irvine girl appears to be okay despite getting hit by an SUV while riding her bike to summer school.

More private bikeshare in Orange County, as the Irvine Company teams up with Zagster to offer 60 bikes for residents and commercial tenants to use free of charge. That hardly seems enough for 9,000 potential users, though.

Santa Barbara companies are discovering that bikes are good for business. Funny how LA businesses didn’t seem to get the memo.

A San Francisco writer looks at the newly bike-friendly Caltrans, but says the agency still has a long way to go to put its auto-centric past behind it.

Bike thefts are up in Palo Alto. And pretty much everywhere else, as well. So be careful out there.

 

National

Another new study from the University of Duh shows that people who walk or bike to work have a lower body mass index; living in compact cities doesn’t seem to encourage more active commutes, though.

Largely unnoticed last week was Senate approval of a clause allowing parents to decide when their kids are old enough to walk or bike to school. Although the Popsugar website jumped the gun a tad since it still needs to be reconciled, and signed by the president.

People for Bikes is looking for a new Marketing and Communications Manager in their Boulder CO office.

A prominent Albuquerque homebuilder was killed by an alleged drunk driver while riding his bike in a gated community. The driver, who police describe as a low-life drunk and despicable guy, was released on $100,000 bail. I wonder if the police would be as pissed off if it was just anyone on a bike.

Bad enough to drive drunk. Worse to rear end a pair of cyclists while doing it — especially if they’re North Dakota bike cops making a traffic stop. Fortunately, the officers are okay.

A couple on a tandem taking part in Iowa’s RAGBRAI ride were injured when a drunk driver ignored a cop’s instructions and drove through an intersection.

A Texas woman overcomes melanoma to set a masters world record in the 2K pursuit.

A writer for the Boston Globe says non-compete clauses are the wrong move for boutique bike builders, where one bike maker can spawn another.

Don’t try this at home. A 14-year old Massachusetts girl was texting while riding down a steep hill, blowing through a stop sign and turning into the path of an oncoming car. Seriously. Put the damn phone down and pay attention to the road in front of you.

New York’s environmental commissioner leaves office after biking across the state. Although it would have been better if he’d done it upon entering the office. 

A New York cyclist was dragged off his bike and beaten in an alleged hate crime; the Hispanic rider was attacked by two white men who called him a “fucking immigrant” and said he didn’t belong in this country. Doesn’t sound very “alleged” to me.

New Charleston bike lanes are delayed until next year; they’ll be part of a planned 140-mile citywide bikeway system.

Cyclists in New Orleans plan a die-in at Thursday’s city council meeting to protest too many bicycling deaths in the city.

 

International

Laguna Beach mountain bike champ Hans Rey goes biking at 10,000 feet through the Guatemalan Highlands; his Wheels 4 Life organization has donated 7,100 bikes to school kids in 200 developing countries.

Winnipeg drivers can’t seem to get the hang of a new bike lane; the story blames parking next to the bike lane for forcing drivers into it. Or they could, you know, just stay the hell out of it.

Nice. A UK man not only finds a stolen bike abandoned in a park, but fixes it and adds a kickstand before returning it to its owner.

Pashley and Brompton owners can take some credit, as sales and production of British bikes jump 70% in a single year. I still think Pashley should send me a Guv’nor to try out on a semi-permanent loan, right?

Stockholm is taking ciclovía a step further by turning the entire city center over to people, not cars, for a day.

 

Finally…

Caught on video: You seriously may not want to see this, as a Cuban track cyclist competing in the Pan Am Games gets one of the worst splinters in human history. When you’re already wanted on a $25,000 outstanding warrant, don’t ride salmon — and don’t get in a wreck.

And a father in the UK jumped from his van and beat the boy he said stole his son’s bike with a hammer — only to apologize after realizing it wasn’t even the same bike.

No, seriously.

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Thanks to John Hall for his generous donation to support this site. Contributions of any amount are deeply appreciated.

Gardena police video released in shooting of unarmed man looking for his brother’s stolen bike

As expected, a judge has ordered the release of a video showing the Gardena police fatally shooting the unarmed brother of a bike theft victim.

Ricardo Diaz-Zeferino was trying to tell the officers that the men they had detained weren’t bike thieves, but friends who were helping to look for the bike.

But instead of releasing them, the cops opened fire when he took of his hat and lowered his hands, shooting Diaz-Zeferino eight times, and injuring one of his companions, who had his hands in the air the whole time.

Even though Diaz-Zeferino was unarmed, and as the video shows, made no threatening moves towards the officers.

He was shot, apparently, because they thought he might possibly be armed, and they were too afraid to wait to see if he really had a gun before blowing him away.

And somehow, that’s okay with the DA and the Gardena police department; KNBC-4 reports the officers are still with the force and patrolling the streets.

Even though the city felt there it had enough liability to settle with the victims’ families to the tune of a $4.7 million, paid out of the taxpayer’s pockets.

That’s a lot of guilt if no one did a damn thing wrong.

The city fought the release of the video, claiming it could result in a “rush to judgment” about the officer’s behavior, according to KPCC.

Or it could just let the public see what really happened. And realize that what sounded like a bad shoot by trigger happy cops, was.

It used to be that any cop who shot an unarmed person could expect to lose his or her job, at the very least. I once knew an officer, in another state, who freely admitted carrying a spare gun and a knife to drop by the victim if he ever shot someone who wasn’t armed.

And it used to be that fellow officers wanted bad cops off the force, because they made everyone else look bad and made the public lose faith in the officers charged with protecting them.

In fact, that officer was eventually fired, at the urging of his fellow officers.

Clearly, those days have changed.

So be careful riding through Gardena.

In other cities, getting stopped by the police could get you a ticket you might not deserve, from a cop who doesn’t understand bike law.

In Gardena, it could get you shot.

But it won’t get anyone fired.

Update: I was reminded this morning that Gardena is also where a group of Hispanic riders were illegally harassed by the police two years ago, while on their way to meet with the city manager to discuss the unsolved hit-and-run bike rider Benjamin Torres.

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Warning: The video below, posted online by the LA Times, shows the full shooting from two separate angles. Decide for yourself whether you really want to see that before pushing play.

20-year old OC driver faces 10 years for 2014 DUI death of Dana Point cyclist

Ten years.

That’s what a 20-year old driver is facing for the drunken collateral damage death of a cyclist in April of last year.

Thirty-nine-year old Haitham Gamal was riding south on PCH in Dana Point when Dominic Devin Carratt lost control of his car at high speed, drifting 200 feet through a bend in the road before slamming into Gamal’s bike.

Carratt’s car continued to drag him another 500 feet — nearly twice the length of a football field — before hitting a curb and flipping over. Gamal was pronounced dead at the scene, simply because he was in the way.

Carratt and his passenger were taken to a hospital with slight injuries, where he was found to have a blood alcohol level of .15.

Normally, that would be almost twice the legal limit. But as an under-aged driver, the legal limit in this case would be zero.

According to the Orange County District Attorney’s office, Carratt will be arraigned today on felony counts of vehicular manslaughter with gross negligence while intoxicated, driving under the influence of alcohol causing bodily injury, and driving with a blood-alcohol level above the legal limit causing bodily injury, along with a sentencing enhancement for causing great bodily injury.

I’d call death great bodily injury, all right.

Unlike the LA County DA’s office, the OC DA tends to take cases like this seriously, and is more than willing to throw the book at killer drivers. And they seldom bargain away a case just to get a conviction.

That may be a product of a lighter case load, or more jail space to house convicted drivers.

Or maybe they just give a damn. And take traffic crime seriously.

Thanks to attorney and cyclist Ed Rubinstein for the heads-up.

 

Dominic-Carratt-arraignment

 

Morning Links: DUI driver in Palos Verdes rampage gets three years; scofflaw cyclists no worse than drivers

The Torrance man who went on a drunken rampage through the Palos Verdes Peninsula won’t be driving anywhere anytime soon.

William Thomas Kelly was sentenced to three years in jail Monday after pleading no contest to felony counts of assault with a deadly weapon and driving under the influence causing injury.

Kelly had a BAC of .11 when he crashed into numerous cars, moving and otherwise, in September of 2013. Not to mention nearly hitting a pedestrian, and intentionally forcing a bicyclist off the road and into some bushes before repeatedly running over his bike.

According to the Daily Breeze, the rider, Doug Castile, was in the courtroom for the sentencing, hoping to see some sign of remorse from the man who tried to run him down. But didn’t get a single hit of it.

Maybe Kelly will finally show a little when he gets out in a few years

And hopefully, he’ll have to walk or bike anywhere he goes for the rest of his life.

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Interesting interview from Science Friday, as a professor from the University of Colorado Denver says despite perceptions, bike riders break the law at about the same rate as drivers do. But we do it for perceived safety reasons, rather than convenience or time savings, like drivers do.

As if to emphasize the point, a Napa resident complains about those darn scofflaw, semi-suicidal cyclists ruining her drive. And a New York editorial says cyclists have to get on board with the city’s safety plans.

Funny how motorists can see bike riders breaking the law, but never seem to notice the far more dangerous law-breaking drivers they share the road with.

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Fabian Cancellara crashed out of the Tour de France with two fractured vertebrae in his first day in the yellow jersey as part of Monday’s massive multi-rider pile-up. Remarkably, he managed to finish the stage, in what must have been incredible pain, before abandoning the race.

The Sacramento Bee offers a timeline of Monday’s third stage.

After being embarrassed when several riders went through a railroad crossing barricade in this year’s Paris-Roubaix race, French authorities have ordered the military to guard crossings during the tour to prevent bike racing rascals from trying it again.

You can support the first African team in the Tour de France by donating a bike for an African child as part of their #BicyclesChangeLives campaign. And yes, they do.

Meanwhile, mountain bikers were busy as well, as two Americans saw the podium in a World Cup race in Lenzerheide, Switzerland.

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Local

There’s no excuse for not learning how to ride a bike safely this summer, as Metro and the LACBC sponsor bike safety classes throughout LA County, including Long Beach and the San Gabriel Valley.

LADOT opens a new bike corral complete with repair stand outside Peddler’s Creamery near Fifth and Main in DTLA.

Bicycling looks at long-time bike advocate — and Calbike board VP — Charlie Gandy and his famed three-hour tour of Long Beach bike infrastructure.

 

State

KPCC looks at the state’s proposed hit-and-run alert legislation, which would notify the public to be on the lookout following particularly egregious hit-and-runs.

San Diego invests $74 million in fixing 300 miles of bad roads, which is especially good news for those on two wheels. Let’s hope they put in safe bike lanes while they’re at it.

A planned bike freeway promises to change the way Fresno residents live.

A Eureka cyclist crosses the 100,000 mile mark in his 40-year riding career. That’s a mark I left behind a long time ago.

 

National

A history professor from my hometown makes a full recovery from the gran mal seizure that caused her to crash during a bike race, suffering a concussion and fracturing her spine in five places; the benign golf ball-sized tumor that caused her seizure was successfully removed, as well.

Big hearted donors raise $5,000 for travel and funeral expenses for a Ukrainian woman killed while riding her bike home from work in Iowa.

Houston regulations will now require narrower traffic lanes, as well as taking all users into account, including bicyclists and pedestrians.

It takes a major schmuck to steal a custom-made bike from a Wisconsin girl with spinal bifida — let alone just before her 12th birthday.

A Minneapolis cyclist offers a harrowing first-hand account of what it’s like to see her best friend left lying in the street by a hit-and-run driver.

Beverly Hills is holding their annual bicycling classic crit. No, not the bike-unfriendly one on LA’s Westside. The one in Chicago.

Speaking of Chicago, they plan to turn a large patch of industrial wasteland into a world class 278-acre bike park.

A Cincinnati man is riding 2,000 miles to Yellowstone to remember his late wife who struggled with depression, while raising funds for mood disorder research.

A Michigan study shows apartments rent for 28% more in walkable areas, while home prices are 58% higher than non-walkable areas. Seems to hold true for bikeable areas, too.

A Connecticut driver is arrested on drug and DUI charges after nearly hitting a bicyclist; he admitted drinking four or five beers, and was found with three controlled substances prescribed to someone else, vodka, Bud Light and a straw that had been used to snort a prescription drug. And was then released on a whopping $100 bail.

 

International

A texting British driver gets 21 months for killing a hi-viz-wearing cyclist; he was busy flirting with a woman he met online instead of watching the road. Other drivers clearly saw the victim, but evidently, that would have required looking up from his phone.

A Brit woman is justifiably outraged that the drunk driver who killed her bike-riding husband while traveling at twice the speed limit will only serve six months behind bars.

As biking continues to grow in popularity, the UK government and local councils are urged to make riding safer; 55% of people surveyed said bicycling should be a higher government priority.

The Irish Independent says walking and biking aren’t just part of a green, hippy, sandal-wearing lifestyle.

Cape Town, South Africa’s new green bike lanes are declared a failure since motorists can’t resist parking in them.

An Aussie website looks at the bike tools every cyclist should own. Although most bike riders can get away with just a fraction of those, and a good mechanic.

 

Finally…

Don’t be too impressed with your bike riding skills; turns out even a Raccoon can do it. GoPro unveils a new lighter, more aero cam, as long as you’re willing to fork out nearly $400 bucks.

And what do you tip your waiter when he returns your stolen bike along with your latte?

 

Former OC lawyer gets max sentence in drug-fueled death of bike rider

Four years.

That was the sentence a judge finally issued Friday, after repeated delays, for the death of bike rider Eric Billings in Mission Viejo 27 months earlier.

Former immigration attorney Hasti Fahkrai-Bayrooti, who goes by the name of Hayley, had unexpectedly pleaded guilty to a single felony count of vehicular manslaughter while intoxicated in March of this year.

According to the OC DA’s office, she had a near-lethal dose of Xanax and Suboxone in her system when she ran down Billings’ bike from behind on March 15, 2013, as he rode in a marked bike lane on Santa Margarita Parkway.

My News LA reports that investigators found a bottle of Xanax in her car following the collision; despite being filled just two days earlier, there were already 75 pills missing.

She reportedly ignored several text messages prior to the wreck from friends who begged her to stop driving and sober up. Yet despite claims that she was screaming and “pulling her hair out” following the crash, her first call was to her pharmacist, not 911.

She had faced a possible sentence of 16 months to four years for the conviction. She was also sentenced to an additional three years, to be served concurrently, after being caught with Clonazepam, a sedative used to treat seizures and panic disorder, while she was behind bars.

In addition, Fahkrai-Bayrooti’s license to practice law has been suspended by the California Bar, and stands to be permanently revoked after her sentencing.

My News LA reports that her defense attorney — at least the third one she has had in this case — claimed she had been dependent on prescription drugs since an “early, early age,” and may have early onset dementia as a result.

She expressed remorse at the hearing while pleading for mercy, saying she is no longer in denial about the damage she has caused. Although that denial appeared to be in full force in comments she left on this site just one day after pleading guilty.

A press release from the DA’s office quotes Billing’s wife from the victim’s statements given at an earlier hearing, offering just a hint of the loss her family has suffered.

The victim’s wife said in part, “The void that is left by this tragic and senseless accident is overwhelming. The fact that it isn’t just an accident, but rather an accident committed by one under the influence, is ironic in that Eric never had a drink in his life, would not even take a Tylenol, and would barely take a pain killer after surgery.” She went on to say, “Although I have chosen not to be bitter and have forgiven this woman, I would like her to have consequences for her actions.”

Fahkrai-Bayrooti now faces a long stay in state prison because she didn’t get the help she so clearly needed before she took an innocent man’s life.

Let’s hope she finally gets it while she’s behind bars.

And is never, ever allowed to drive again.

 

Weekend Links: Another OC sentencing delay, Hyperion at rush hour, and Dr. Thompson makes a comeback

Continuing this week’s theme, the sentencing of another killer OC driver has been delayed.

According to My News LA, Junior Rigoberto Lopez was scheduled to be sentenced after pleading guilty in the hit-and-run death of Daniella Palacios in Anaheim last November.

Palacios had copped a plea after a promise from the judge that he would be sentenced to no more three years in prison; under California law, he faced a max of just four years for leaving the bike riding mother of eight to die in the street, anyway.

Yet another example of people continuing to die because our state doesn’t take traffic crime seriously.

Then again, even if we gave every deadly driver the punishment they deserve, we wouldn’t have any place to put them.

Our anonymous OC reporter was in the courtroom hoping for a conclusion to this sad case. Instead, she writes,

First off, Lopez has the same type of extremely savvy criminal defense team as Hasti Fakhrai-Bayrooti. They only very recently received the probation department’s report & its 13-page addendum, and haven’t bothered to read them yet. Hell, I’ve read them! They’ve been available since Wednesday of last week! At any rate, the judge is unwilling to give any cause for appeal, so naturally he’ll allow the defense time to review. Sentencing is set for next month.

Second, I fucked up by taking way less Kleenex than I needed, going in with no idea I’d be hearing an 11-year-old’s victim impact statement. (Oh, and there were eight statements altogether.)

The My News LA story above has more details on the impact statements.

Maybe the judge could make those three years seem a lot longer by making Lopez read those statements again every day he’s behind bars.

……..

CiclaValley looks forward to bike share in DTLA, and offers up video evidence of just how crowded the Hyperion Bridge is during the morning rush hour.

Yeah, I can see why the city council so wisely determined that keeping an extra lane for cars was more important than providing safe access for people on foot.

……..

Long-time bike racer Steve Tilford says Dr. Christopher Thompson, who went to prison for brake checking two bike riders in Mandeville Canyon, doesn’t belong in jail.

He feels a better punishment would be sentencing the good doctor to community service in an under-served community, like LA’s low-income Chesterfield Square. Although he’s not the first one to suggest that; I’ve though the same thing myself more than once.

He’s a little off on his timeline, though.

The incident happened seven years ago; Thompson was found guilty in 2009 and sentenced to five years in prison the following year. He’s already served his time and been out of prison for over a year; in fact, he should be off parole by now.

And one more problem with Tilford’s suggestion.

Doctor Thompson isn’t one anymore.

He lost his license to practice medicine following his conviction in this case. So he couldn’t have served as a physician anywhere, no matter how desperately needed.

……..

Nice profile of injured painter and pro cyclist Taylor Phinney, along with his parents, former pro and Olympians Davis Phinney and Connie Carpenter. From Lululemon, of all places.

Wait. There’s never been a black women’s pro cyclist? New York music teacher Ayesha McGowan hopes to be the first.

And top ranked women’s cyclocross racer Sanne Cant can’t following a solo fall after she was cut off by a tractor while training.

……..

With all the bad news about college fraternities these days, it’s nice to see members of my old frat riding from Long Beach to DC to raise awareness for disabled people.

……..

My apologies for the late notice, but you may still have time to catch the Women’s History Ride, departing from Grand Park in DTLA at 10 am sharp. As the ride leader put it,

There are so many more amazing bike-riding chicks than I thought: lawyers, librarians, doctors, and the original Midnight Ridazz. I’m panicking about forgetting any of these amazing ladies!

Redondo Beach opens their Harbor Gateway bikeway at 10 am today.

The LACBC’s Tamika Butler will be one of the featured speakers in the new Coffee For Climate Art & Speaking Series at the Highland Café on York Blvd tonight.

Long Beach hosts the Beach Babe Bicycling Classic this Sunday.

The Eastside Bike Club is hosting a Taco Night Ride next Saturday, the 18th of June.

CyclingSavvyFlyerIrvineJun2015The Orange County Bicycle Coalition is offering a Cycling Savvy course on June 19th and 20th, emphasizing legal cycling in traffic, bike handling skills, and concluding with riding in traffic on a tour of Irvine. You can register here.

Santa Monica is hosting a 4th of July themed Kidical Mass on the 27th.

Better keep the kids away from DTLA and Echo Park though, as the LA edition of the World Naked Bike Ride rolls on the 27th, as well. Just don’t get too excited.

BikeSGV hosts the Beautiful Uptown Whittier Ride the next day, June 28th.

The Beverly Hills city council will discuss bike lanes on Santa Monica Blvd on the 30th. Or more likely, the permanent lack thereof.

……..

Local

LADOT GM Seleta Reynolds says public and private partnerships are the key to eliminating traffic deaths and developing a realistic transportation package, and everyone must be invited to the table.

KPCC provides a good look at the debate over providing sidewalks on both sides of the Glendale-Hyperion Bridge, noting that the public was engaged — and ignored. They also report on LA’s bizarre policy of only fixing streets that don’t really need it; way too many bike riders are taken down by hidden bumps and holes in roads that should have been fixed years ago.

Evidently, Long Beach has caught ciclovía fever, as plans are already in the works for another Beach Streets Open Streets event.

Evidently, local cities do a crappy job of explaining the benefits of a road diet, as Temple City residents are the latest to freak out about a proposal to remove a traffic lane and add bike lanes.

 

State

BikeSD says human lives should not be the cost of doing business.

The new captain of San Francisco’s Park Station vows a crackdown on scofflaw cyclists, apparently believing people on two wheels are a greater risk to the public than scofflaws on four.

A San Francisco cyclist is the victim of a double road rage assault, in cartoon form.

Sausalito continues its efforts to discourage bicycling tourists, instituting a $2 to $3 charge to park a bike in the city — after removing all the bike racks from downtown. Evidently, they’d prefer that all those tourists clog the streets with cars, not bikes. Or just spend their money somewhere else, which is what I’ll be doing.

Seriously? A former San Diego bike rider says you don’t have a right to put his family at risk by riding a bike on the winding roads of California’s Reno-adjacent Nevada County. Or he could, you know, just slow down and drive safely.

An anonymous Good Samaritan replaces a Chico ghost bike after it was stolen on Wednesday.

 

National

Vision Zero is becoming a public health issue, as cities across the county commit to eliminating traffic deaths. Of course, goals are meaningless without action, as certain LA councilmembers have made abundantly clear.

Bike lawyer Bob Mionske says despite what bike haters insist, it’s the motorists who are getting a free ride, not bicyclists. Nice to see Bob back with VeloNews where his column originally started.

Writing for Strong Towns, a traffic engineer says members of his profession show a conscious indifference to pedestrians and cyclists, which he aptly calls the very definition of gross negligence.

A Portland bike rider who suffered a broken back in a collision with a pickup files a $21 million suit against the city, alleging a too-narrow bike lane contributed to the death of one rider and injuries to nine others.

Looks like Wisconsin won’t slap a tax on bicycles after all.

Kentucky proposes toughening the penalties for drunk driving, making a fourth lifetime conviction worth five years in prison; previously, prior convictions were forgotten, if not forgiven, after five years.

Caught on video: Pennsylvania cyclists argue with a cop who hit a cyclist while attempting, and failing, to pass a small group of riders; oddly, a woman feels the need to jump in and defend the scofflaw cop against the big bad bike riders.

New York residents lash out against proposed “deadly” bike share stations, even though there hasn’t been a single fatality in roughly 18 million rides.

Once again, the NYPD does its best to discourage people from riding their bikes.

The New York press blames the bike rider when a woman is seriously injured after apparently stepping in front of a cyclist riding in a bike lane. On the other hand, the jerk should have stopped, just like any driver would be required to under similar circumstances.

Good idea from Delaware, as proposed legislation would encourage transit-friendly, walkable and bikeable economic development.

North Carolina’s legislature goes the wrong way, voting to increase pollution while making it harder to conduct road diets and install bike lanes.

 

International

Cycling Weekly lists the top 10 road bike innovations. Although you’d think paved roads would be pretty high on that list, too.

A new Calgary bike lane is exceeding expectations.

A new British study shows women cyclists are twice as likely to be subject to harassment and dangerous driving than their male counterparts. Yet another answer to the eternal question of why more women don’t ride.

Fast Company offers yet another look at how Copenhagen became a cycling paradise, noting bikes usually win when the city calculates all the social costs involved with investing in roads or bike lanes. Maybe LA should give that a try some time.

Refugees ride through Macedonia on their way to a better life in the European Union. Thanks to Megan Lynch for the heads-up.

Five lessons from the world’s biggest bicycling conference Down Under, including global cities are about people, not transport. Something LA clearly still needs to learn.

It takes a real jerk to steal the bike a 91-year old Aussie man has ridden for the last 68 years.

 

Finally…

If you’re going to use a bike as a getaway vehicle, don’t lose half the loot as you ride away. Caught on video: In case you’ve ever wondered what it’s like to ride a BMX bike through an abandoned NFL stadium.

And He Who Must Not Be Named plans a possibly unwelcome return to France, as the celluloid Lance makes his way to the silver screen.

 

Breaking news: no sentencing in Eric Billings case today; driver found with narcotic drug behind bars

So much for that.

Word broke yesterday that the driver convicted in the death of cyclist Eric Billings in Mission Viejo two years ago was found with a prescription narcotic in her jail cell.

According to the Orange County DA’s office, former OC lawyer Hasti Fahkrai-Bayrooti was found in possession of Clonazepam, a sedative used to treat seizures and panic disorder, on May 13th as she was being held awaiting sentencing.

Something that was supposed to happen today.

However, a source reports from the courtroom that her sentencing has been delayed yet again, much to the distress of the victim’s family.

Apparently, her extremely savvy criminal defense team doesn’t work weekends. Robert Weinberg told Judge Jones that Hasti’s psychiatric evaluation only reached his office last Friday afternoon, and he hasn’t had time to review it. SINCE FRIDAY. In his defense (cough), it’s an extremely lengthy report.

The judge is unwilling to allow for any technicality that would give Hasti any possibility of appeal whatsoever, so he granted the motion to allow the delay. The defense will naturally try to incorporate any pertinent information from the psych eval into his sentencing brief. (Note: The Deputy DA managed to create a very persuasive 25-page brief on the People’s behalf just fine, without any report from the probation department.)

One of Eric Billings’ daughters who’d been unable to speak at the first attempt at sentencing was allowed to speak this morning. She vented, and clearly the judge agrees that she is absolutely right that victims have a right to a fair and speedy trial.

In the hallway prior to the hearing, she was demanding to know who Hasti’s “pharmacist” is, because she wants him investigated, and his license revoked. (When the first witness to approach Hasti after the collision asked if there was anybody she could call, she mumbled something about her pharmacist, and tried to place a call on her cell. Also, her blood drawn more than four hours after the collision indicated Alprazolam [Ed. note: the generic form of Xanax] in an amount that is usually fatal.)

At one point, Hasti attempted, in her meek voice, to speak to the judge, but her lawyer instantly spun around in alarm and shushed her.

The next attempt at sentencing will be June 19th. The DA had a prelim set for that same morning, but rescheduled it because the Billings family has suffered enough during this delay.

Oh yeah, and naturally Hasti pleaded not guilty to the new charge. And she’s not retaining her extremely savvy criminal defense team this time; instead, she has a public defender.

Fakhrai-Bayrooti had entered an unexpected guilty plea last March to a single felony count of vehicular manslaughter while intoxicated for running Billings down from behind as he rode his beach cruiser in the bike lane on Santa Margarita Parkway two years earlier. Billings, described by friends as a loving father and devout Mormon, died at the scene.

She faces up to four years in prison once she’s finally sentenced

In addition to all the other breaking news in this case, the California State Bar suspended the immigration attorney’s license to practice law earlier this week. Chances are that suspension will become permanent following her sentencing, especially in light of the additional drug charge.

Let’s hope the Billings family gets the justice they deserve. And that Fakhrai-Bayrooti gets the help she so desperately seems to need while she’s behind bars.

And that she’s never allowed behind the wheel again.

 

Weekend Links: 3 years for vehicular assault, LA’s Mobility Plan passes PlanComm, and CicLAvia Pasadena

Three years hardly seems long enough.

But it will have to do.

According to the Daily Breeze, William Thomas Kelly reached a plea deal that will keep him behind bars for the next three years for his drunken road rage rampage through the Palos Verdes area, in which he deliberately used his car to assault a cyclist and smash into parked cars.

Kelly reportedly hit one car, then backed up to hit it again and drove on to sideswipe a parked car. He then hit the pedal of a bicyclist; when the rider yelled at him, he backed up and used his car to knock the rider and his bike into the bushes, then drove back and forth over his bike. He was later found passed out with a BAC of at least 0.11 after crashing into a gated fence.

Hopefully, the plea will include a condition that he never drive again.

……..

The LA Planning Commission voted Wednesday to approve the city’s mobility plan, including a slightly scaled back version of the 2010 bike plan and a commitment to Vision Zero.

Streetsblog reports the planned Westwood Blvd bike lane survived an attack by a representative of Councilmember Paul Koretz, while Commissioner Richard Katz questioned whether bike facilities belong on the street at all.

Katz said he supported expanding the bicycle network, but “we will never be Boulder or Davis.”

Not with thinking like that, anyway.

……..

CicLAvia offers a list of activities along Sunday’s Pasadena route, while KNBC-4, KCET and the Pasadena Star-News looks forward to it. Note to Star-News: Unless the director of Walden School is selling something as he rides to work, the word you want is pedals, not peddles.

Feeder rides — and a walk — are available from throughout the area. The Militant Angeleno provides his must-read guide to the Rose City route; seriously, never go to any CicLAvia without reading the Militant’s detailed and insightful guides first. Time Out gives their thoughts on Sunday’s event, while CiclaValley provides a handful of tips and a handy checklist of everything you need to bring.

And yes, bikes are optional; this should be the most walkable CicLAvia yet.

In honor of CicLAvia, KPCC will broadcast a one-hour show all about bikes at 10 am today and again on Sunday; you can listen live online.

And the San Gabriel Tribune says every weekend should be like CicLAvia in every downtown in the San Gabriel Valley and Whittier areas. Or maybe just everywhere.

I’m not going to be able to make this one, so let us all know how it goes.

……..

I’m hearing nothing but good things about the new green separated bike lanes in Redondo Beach, which includes some of the area’s first bicycle traffic signals.

But the smartest thing they did was put sharrows on the roadway next to it for riders who want to go faster or avoid the bikeway crowds on busy weekends.

Both Ted Faber and Jim Lyle sent photos.

Photo by Ted Faber

Photo by Ted Faber; note the sharrows on the street to the right

Photo by Jim Lyle; note the sharrows on the street to the right

Photo by Jim Lyle

photo by Jim Lyle

photo by Jim Lyle

……..

LGBT site Frontiers Media looks at the bike scene in the City of Angeles, with brief overview of bicycling in the city.

They go on to list five places every LA bike enthusiast should know, along with seven gadgets and gizmos for geared-up Angelenos. Although I wouldn’t call a $3,750 Cervelo a gadget. And I sure as hell wouldn’t call it a mountain bike.

……..

The latest bike racing rumors involve mini-motors in the pro pelaton, as Ryder Hesjedal takes offense at having his bike checked to make sure he’s not motor doping.

Former Giro champ Damiano Cunego is out of this years race with a broken collarbone, while Contador continues to hold the leader’s jersey. And no, he didn’t have a motor in his bike, either, but he did command some respect on Thursday.

Meanwhile, former pro and ’97 TdF winner Jan Ulrich faces up to three years in prison for a DUI collision that injured two people.

Closer to home, next year’s US pro cycling championship will move from Chattanooga to Winston-Salem NC.

……..

New bicycle maker Brilliant will ship you a steel frame bike for $300, as long as you’re willing to assemble it yourself. And don’t expect your LBS to fix it for you if you screw it up.

Then again, it might be easier to just print your next ti bike, or at least the handlebars.

Or maybe you’d prefer a steam powered bike.

……..

Local

Streetsblog gives us part two of their interview with retiring UCLA parking maven Donald Shoup.

The LACBC interviews super bike volunteer Wayne “Ridetime” Howard, while Bicycling profiles Coolass Mike Bowers and his efforts to put 1,000 bikes in the hands of foster kids.

Malibu city council committees approve the 850-page PCH Safety Study, which calls for 130 safety improvements along the dangerous coast highway, including bike lanes where they don’t conflict with street parking. God forbid a parking space should be sacrificed in the name of safety.

The LA Weekly profiles an Oakland-based theater company that’s traveling across the country by bike; they’ll perform at the Santa Monica Pier on the 1st, before moving on the San Diego and eventually making their way to New York.

A new proposal to replace the much-hated plans to complete the 710 Freeway includes light rail and a multi-lane boulevard complete with busways and a separated bike path.

The first phase of Santa Monica’s MANGo neighborhood greenway officially opens today.

Long Beach is officially opening the new pedestrian walkway on the beach today, which promises to improve safety on the beachfront bike path by separating bikes from people on foot. Something Santa Monica desperately needs to do.

Your last chance to weigh in on the Glendale-Hyperion Bridge could come this Wednesday before the Public Works Committee; the full city council often doesn’t allow public comments before taking a vote, especially if someone is likely to disagree with their pre-determined decisions.

 

State

A Tustin man is under arrest for breaking the window of a bike shop and stealing an adult-sized tricycle; he was in the process of stealing another bike a mile away when caught.

San Diego held their rain-delayed Bike to Work Day Friday.

San Diego’s North County is sprouting new sharrows; the story reports that sharrows on the Coast Highway in Solano Beach dropped average speeds by 10 mph without increasing congestion. Nice that they’re using us for rolling speed bumps, though.

A Marine vet who lost his legs in Afghanistan will set off from San Diego Monday for a 65-day ride across the US on a hand-cranked ‘bent.

A legal opinion concludes that the planned 50-mile multi-use path through the Coachella Valley qualifies for tax funds as a roadway because electric golf carts will be allowed to use it.

A gang member is under arrest for stabbing a bike riding Redlands art student in the face.

San Francisco’s bike share system is expanding from 700 to 7,000 bikes throughout the Bay Area.

As if the internet isn’t killing enough of their business, now Bay Area bike messengers are being targeted by bike thieves.

The new Marin bicycling museum opens to the public on Saturday, June 6th, with nearly 200 years of bike history, including the Mountain Bike Hall of Fame; a local group celebrates by calling for a crackdown on Marin off-road riders.

Modesto is working to convert itself to model bike-friendly city for everyone on two wheels.

 

National

A new infographic from People for Bikes shows many of the assumptions about women and bicycling are wrong, while Bicycling suggests 10 ways bike shops can be more welcoming to women. But the biggest barrier to greater diversity on bikes may be access to safer infrastructure.

Four cities are racing to build the first working protected intersection in the US. And no, Los Angeles isn’t one of them.

Portland parents launch a national PAC to force apologists for traffic violence out of office. About damn time.

A local motorcycle club plans to throw volleyballs at speeding Spokane sheriff’s deputies to protest the death of a 15-year old bicycle rider, after investigators conclude their patrol car didn’t hit the teen’s bike. Note to Spokane County Sheriff’s Department: It’s not unusual for bike riders to go over the handlebars in a panic stop without anyone actually hitting them; that doesn’t mean the driver who forced the panic stop isn’t responsible.

Proof bike riders aren’t always the good guys. Colorado state police are looking for a bicyclist who caused a motorcycle rider to wipeout near my hometown; a witness reports the rider veered in front of the motorbike and slowed down, causing the victim to lose control and be thrown from his bike, then just turned around and rode away without stopping to help. Jerk.

To no one’s surprise, the fatal shooting of a Colorado cyclist has officially been linked to the random shooting of a driver on the nearby I-25.

Albuquerque becomes the latest city to get bike share before LA; officials hope the program will help revitalize the downtown area.

A Texas bike rider discovers a casket, presumably with the body still inside, along a bike path after the recent floods.

Michigan traffic engineers take road diet to the extreme, proposing a street with a single lane shared by drivers traveling in both directions, and bike lanes on either side; drivers are supposed to safely merge into the bike lanes when they meet a car coming in the opposite direction. Anyone want to guess how that will work in real life?

Nice story from Ohio, as a 5th Grader saved the rewards he got in school for good behavior to buy his younger brother a bike — even though he didn’t have one himself. When teachers and administrators found out, they took up a collection to buy him one, too.

A Notre Dame dean and physics professor has ridden across the country every summer for the last five years to raise funds for rare disorders.

While the rest of New York’s media was focused on a bike riding neurological researcher killed by a hit-and-run driver who was fleeing the police, the Post saved its front page for a scofflaw cyclist out for a ride with his son.

Virginia’s Bicycle Bandit faces up to 100 years in prison for robbing a series of banks before pedaling — not peddling — to make his getaway.

A Baton Rouge driver turns himself in five days after he fatally stuck a bike rider. Which presumably would have given him plenty of time to sober up.

 

International

Bike Score ranks the least bike friendly cities in Canada.

A new Canadian study show wide traffic lanes make for more dangerous streets.

Five years after Vancouver merchants fought separated bike lanes, they’d now fight if anyone tried to remove them, according to the leader of a local business association.

A cyclist from the UK will attempt to break the seven day record by riding over 1,800 miles in a single week.

Yes, the UK’s new 20 mph speed limits can reduce injury collisions, but only if drivers actually observe them; a study shows the lower limit reduced speeds by just 1 mph in one city.

The acting leader of the British Labour party calls for a ban on large trucks during peak traffic hours to protect bike riders. Meanwhile, rear- and side-facing cameras on those same trucks could save the lives of cyclists and pedestrians, if they’d actually use them.

Somewhere between 50 to 100 bystanders teamed together to lift a double decker bus — yes, a bus — off a critically injured Brit unicycle rider.

Scottish lawyers warn about the danger to cyclists crossing Edinburgh’s tram tracks; one firm alone claims to represent nearly 100 such cases.

An Irish Paralympic cyclist is raising funds for a new leg in hopes of making the podium in Rio next year.

A New Zealand cyclist is attempting to circumnavigate the country in just three months, riding over 6,000 miles to raise funds for an ambulance company.

Sydney, Australia officials go the wrong way, making the city more dangerous for cyclists by reneging on a promise to replace a bike lane scheduled for removal.

A Bangkok bike commuter says he’s tired of weak support for bicycling, as well as suggestions that bike riders belong on an off-road recreational path instead of commuting.

 

Finally…

Actor Matthew Modine got his start with a bike left behind when someone smashed his grownup lemonade stand. The battle between cars and bikes has been going on a long time; the first recorded collision between two vehicles was between a bike and a car back in 1896.

And be sure to look up every now and then when you ride.

……..

One last note.

Recently, I mentioned a moving piece from Zócalo Public Square in which Aurelio Jose Berrera wrote of getting up early a few days a week to ride out in search of homeless people huddled in the doorways and alleys of our city, his bike loaded down with donated food to hand out to those in need.

His story reminded me of a saint whose heart was similarly filled with compassion for a homeless stranger.

So I was surprised to open my laptop the other day, and discover an email from Berrera thanking me. According to his message, what I wrote, along with a handful of other stories about his efforts, helped inspire Petaluma-based Yuba Bicycles to donate a Mundo cargo bike to make his volunteer work a little easier.

According to a Yuba press release he attached, 

“Jose is an honorable, kind and humble man whose generous spirit and desire to help others is an example for all of us,” says Benjamin Sarrazin, founder and owner of Yuba Bicycles. “Yuba is proud to help Jose by providing a cargo bike that will hopefully enable him to more easily carry out his mission. He is truly a hero.”

I couldn’t agree more.

But there’s more than one hero here.

Yuba deserves a round of thanks for caring enough to give a bike to help those so many of us don’t even seem to see. As does everyone who contributes to help Berrera help them.

I’m not sure how big a role I really played in helping him get the new bike.

But his email made my week.

 

LA County DA rules Gardena police were justified to shoot and kill the unarmed brother of a bike theft victim

Finally, we know what really happened.

Or not.

In July of 2013, two men were shot by Gardena police responding to the theft of a bicycle.

Except they didn’t kill a dangerous bike thief and wound his partner in crime.

The man they mistakenly killed was the brother of the man whose bike was stolen. He was just trying to tell the officers that the men they had stopped weren’t vicious thieves, but were actually helping to look for the missing bike.

Unfortunately, the three officers didn’t seem to understand Ricardo Diaz Zeferino’s Spanish, even though customers at a nearby restaurant could clearly make out what he was saying. And he didn’t seem to understand the cops commands to stop.

Now the DA’s office has ruled that they acted within the law in shooting the unarmed man eight times — including twice in the back.

The same with what they say was the unintentional shooting of his similarly innocent friend, who was also shot in the back.

The DA’s decision was based on dash cam video, which apparently captured the whole thing. It reportedly showed Diaz Zeferino reaching into his pockets to toss unidentified items to the ground, then taking off his baseball cap, despite orders to stop. The officers opened fire when he started to raise his hands again.

The cops couldn’t see his right hand, according to the Deputy DA who reviewed the video, and believed he was going to reach for a weapon.

A weapon that didn’t exist.

Not that that inconvenient fact seems to matter to anyone.

Not surprisingly, the attorneys for the victims reached a different conclusion, arguing that the video showed the police gave confusing orders, and that Diaz Zeferino’s right hand was empty and in front of his body when they opened fire. And that the other victim, Acevedo Mendez, was shot despite keeping his hands over his head the whole time.

Unfortunately, we’ll never know which version is true, since the Gardena Police Department has refused to make the video public.

Although they did allow the cops to view the video before making their statements so they could get their stories straight.

On the other hand, whatever the video showed, it was enough to convince the city of Gardena to settle a civil rights lawsuit over the shooting for $4.7 million. Not that any amount of money will do Diaz Zeferino a lot of good.

According to the DA’s report, the toxicology report showed he had meth and alcohol in his system. Which is no more relevant to the case than whether he was wearing a bike helmet.

The three officers who opened fire are still on active patrol duty nearly two years after the shooting; the department’s internal review over the shooting was on hold until the civil case was resolved, which happened earlier this week.

The outcome of that review is something else we’ll never know about; any disciplinary action will be confidential under California law.

This is the second time this year the DA has refused to prosecute cops who killed someone in a bike-related case. And the second time that disciplinary action, if any, will be a deep, dark secret known only to the officers involved.

So if your bike is ever stolen in Gardena, maybe you’re better off just letting it go. Those cops could still be out there, ready to shoot at the drop of a hat.

Literally.

And whatever happens, don’t count on the LA County DA’s office to do a damn thing about it.