Archive for Bikes & the Law

LA bike rider attacked with machete, bad news from Hemet, plus Bicycle Coffee and pleasant private bike cops

June 21, 2015 / / Comments Off on LA bike rider attacked with machete, bad news from Hemet, plus Bicycle Coffee and pleasant private bike cops

In one of the most horrifying attacks in recent memory, a Los Angeles man may have kept his bike, but lost one of his thumbs.

And nearly his life.

According to multiple sources, a 43-year old man was walking — or possibly riding — his bicycle near the intersection of West 12th Street and South Burlington Avenue around 12:30 am Sunday, when he was attacked by four men who tried to steal his bike and wallet.

One of them hacked at him with a two-foot machete, resulting in a severe cuts to both arms, as well as a fractured skull, in addition to having his left thumb cut off; early reports suggest he was likely to lose his right hand, as well.

Despite his injuries, he somehow managed to run a few blocks to get help; at last report, he was hospitalized in critical condition. However, he was able to keep both his bike and his money.

The attackers were described only as young adult men, possibly 18 – 21 years old, who fled in a green four-door sedan. According to police, the attack did not appear to be gang related.

For some reason, the victim was initially described as an 18-year old man before police corrected the report.

Let’s hope he recovers quickly, and that police catch his attackers.

And let this be a reminder that no bike is worth your life.

………

Brace yourself for bad news.

A man was found dead on Hemet biking trail on Sunday, hours after a 33-year old mountain biker was reported missing.

The victim has not been identified yet, and here’s no confirmation yet that it’s the missing cyclist. But it doesn’t look good.

Hopefully, we’ll learn more soon.

Update: Authorities have identified the man found dead as 33-year old Hemet resident Shane Gainer, but for some reason, won’t confirm if he is the missing cyclist. No cause of death has been determined. 

………

Bicycle-Coffee-1Now let’s switch to a happier subject.

On Sunday, my wife and I made a short trip to the Hollywood Farmer’s Market at Ivar and Selma, just a few blocks from the Hollywood and Vine Metro station.

Sans bikes, since she doesn’t ride. And without the Corgi, since even well-behaved dogs aren’t allowed under LA County health rules.

The purpose of our journey was to find the elusive Bicycle Coffee Company.

Elusive, because the LA branch at Santa Monica and Western is only open Friday though Sunday. And despite our best efforts, we hadn’t been able to get there when the doors were open.

Bicycle-Coffee-3On the other hand, we knew they were at the farmer’s market every Sunday, just a short subway ride way from our apartment.

It took some searching to find their Nishiki-towed bicycle cart — yes, there’s a reason for their name — hidden back behind the other vendors near the Arclight, nee Cinerama, Theater, and just in front of Umami Burgers.

We left with a couple bags of what is reputed to be some of the area’s best coffee, each accompanied by a free cup of joe with purchase.

And the knowledge that next time, we can just order our beans and they’ll deliver by bike within a roughly 10-mile radius.

……..

On the way out, I stopped to admire a bike belonging to one of the security guards with the BID Patrol at the farmer’s market.

Rosales-1And found myself talking with retired LAPD officer and dedicated cyclist Jim Rosales, who was happy to point out the 29” wheels and disc brakes, as well as the rear rack for the panniers he usually uses but decided to leave at home that day.

We talked about his volunteer work patrolling the Santa Monica mountains, the road bike he rides in his spare time, and the fixie he’s currently building. As well as his favorite bike shops, including the Performance Bike his brother-in-law wrenches for in Pasadena.

Kanagi-bikeAll in all, a pleasant talk with another rider. And one more example of a conversation that would never have happened behind the wheel.

Then just as we were about to leave, I noticed the pink handgrips on his partner’s bike. So he called her over, and fellow BID security officer Cortney Kanagi was happy to show us her matching pink handcuffs and the pink grip on her handgun.

Proof that you can be feminine while riding a bike.

Or subduing a suspect.

Kanagi-2

Category: Bikes & the Law, General, Injuries and Fatalities, Violence & Crime / Tags: , , , , ,

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

June 20, 2015 / / 2 comments

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.

 

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

Morning Links: Bike rider shot to death in LA’s Mid City; LADOT GM Seleta Reynold is new interim VP of NACTO

June 18, 2015 / / Comments Off on Morning Links: Bike rider shot to death in LA’s Mid City; LADOT GM Seleta Reynold is new interim VP of NACTO

A bike rider was shot to death early Wednesday morning in the Mid City area of Los Angeles.

Twenty-five-year Kehende Lang was found dead from a wound to the head on the 1700 block of South Longwood Avenue after police responded to a report of gunshots around 3:30 am; his bike was lying nearby.

Anyone with information is urged to contact the LAPD West Bureau Homicide Bureau at 213/382-9470.

Sadly, shootings like this are nothing new.

Most turn out to be gang related in some way, rather than because the victim was riding a bike. And few ever seem to merit more than a few paragraphs in the paper, if that.

……..

Congratulations to LADOT GM Seleta Reynolds, who’s been appointed interim vice president of NACTO.

Which means she’ll help set the standard for street and bike infrastructure designs throughout the nation.

And hopefully, bring the best of them here.

……..

The plot thickens. That 23-year old pro cyclist cut from the Astana women’s may have been fired over a failed attempt to get her to ride for Kazakhstan in the 2016 Olympics.

After winning stage one of the Aviva Women’s Tour, Brit pro Lizzie Armistead loses her line and crashes into the finish line photographers; fortunately, she wasn’t seriously injured.

Sounds like the owner of the Tinkoff-Saxo team may be giving up on Tour of California winner Peter Sagan already.

Lance’s former manager says he’s not going to any more cycling events after the backlash over watching Wiggins set the hour record.

The great Eddy Merckx reminisces on his legendary cycling career as he turns 70; VeloNews offers a tribute while a German website looks back at The Cannibal in action.

A Swiss skiing champion will compete in RAAM with a defibrillator in his chest after a heart condition kept him from making it to the starting line last year.

And the schmuck man who presided over pro cycling during the worst of the doping era threatens to sue over a report that says he presided over the worst of the doping era.

……..

Local

DTLA gets its first bike corral.

Rick Risemberg says if transit officials build bike facilities right, people will actually use them.

Redondo Beach approves a new budget, including funding for bike lanes on Manhattan Beach Blvd.

 

State

The Orange County Register reports that Michiko Day was just one block from home when she was killed while riding in Laguna Woods last month; her riding partner confirms that a poor bike path design may have contributed to her death.

The Encinitas city council says a planned coastal rail bike trail shouldn’t run along the coast. Or along the rail line.

A Paso Robles street reopens after being rebuilt to add bike lanes and a sidewalk.

Victims’ relatives call it insensitive as Kern County tells bike riders to see and be seen so they won’t be roadkill. Once again putting all the responsibility for safety on cyclists, rather than the people in the big, dangerous machines.

 

National

People for Bikes will host a webinar next month on how to crowdfund a bike project.

A new handlebar-mounted device scans the road for potholes before they can take you down. Should be a big seller here in LA.

The guitarist for rock band Pierce the Veil will be out of commission for awhile after getting badly banged up mountain biking.

A Portland paper questions if the city can really eliminate traffic deaths by 2025 with a proposed Vision Zero plan. Vision Zero is about the journey, not the destination; even if traffic deaths can’t be eliminated, everyone benefits from the effort to try.

A Denver CEO loans his bike share bike to a passing cop to bring a fleeing suspect to justice. But did he still have to pay for the rental?

Caught on video: A Texas truck passenger faces a misdemeanor charge after hurling at a bike rider. A pipe, that is.

New York’s mayor signs a bill requiring side guards on all city trucks and garbage trucks to keep cyclists and pedestrians from getting trapped underneath. Every truck, everywhere, should be required to do the same.

Cars have been banned from much of New York’s Prospect and Central Parks. Now we need to do the same for Griffith Park.

Why rent New York’s Citi Bikes when you can steal them?

 

International

How to cheat at Strava.

Caught on video: A cyclist rides from Oregon to Patagonia to be in more control of his own life.

Toronto streets are getting increasingly more dangerous for cyclists and pedestrians; hopefully more separated bike lanes will help.

A London expat builds a 500 pound — currency, not weight — bespoke bamboo bike.

After receiving the heart of a fallen cyclist, a British transplant patient decides to honor him by keeping the heart cycling with a 342-mile bike tour.

A Dutch suburb shows bikes and cars can peacefully coexist, as long as you banish cars from the city core.

A new Swedish study says most injuries in car bike collisions come from hitting the pavement, so the solution is better crash avoidance and separating bikes from traffic.

Colnago may be recalling your Ferrari.

An anonymous group of guerilla bicyclists give Sydney, Australia bike lanes a failing grade.

 

Finally…

It’s not really the World Naked Bike Ride when you’re the only naked guy on a bike. Don’t get caught asking an undercover cop for a ride after selling him a hot bike. Or making your getaway by bike after burning down your own home to destroy a basement demonic portal or the aliens lurking in the walls.

And when you’re carrying crystal meth on your motorized bike, try not to crash into a James Franco film set.

 

Category: Morning Links, Violence & Crime /

Why Attorneys Tell You To Never Admit Guilt

June 17, 2015 / / 2 comments
Bikes Have Rights™
By James L. Pocrass, Esq.
Pocrass & De Los Reyes LLP 

Pocrass Photo 6-15

Immediately after any type of motor vehicle “accident” (bicycle, pedestrian, motorcycle, car), most people have two reactions: 1.) to blame the other person or 2.) to say “I’m sorry; it was my fault.” As a personal injury lawyer, I counsel people to NEVER admit guilt after a crash of any type. Whether you are or are not liable, I guarantee such a statement will come back to bite you in ways you never expected.

The most important reason for not admitting guilt, which is, in legal terms, admitting liability, is because you probably don’t really know the cause of the collision.

Example: We recently had a client who was in a Santa Monica bicycle collision. He came up to a four-way stop and rolled slowly through it, getting halfway through intersection. Meanwhile, an 80-something-year-old woman drove up to the intersection, stopped, and went, hitting our client in the intersection.

During the deposition, the woman insisted that she never saw anyone or anything in the intersection. (I admit, I laughed inside at the insurance company lawyer’s expression.) The insurance company settled for a five-figure settlement.

This was an unusual situation, but the point is, you really don’t know exactly what the complete cause of your bike collision is, and, therefore, who is liable. Yes, you might be partially liable if you do not follow the rules of the road, but there may be extenuating circumstances that contributed to the collision. These could be:

  • Road Design: the road or signage was not designed well, maintained, in disrepair, or missing.
  • Product Liability: your bike or the other vehicle could have defective parts or been repaired, maintained, or manufactured incorrectly.
  • Other Driver: also might not be following the rules of the road.

If any of these conditions exist, your case — even if you are partially liable for the collision — could allow me as your bike lawyer to argue for comparative liability.

California recognizes comparative liability, which states that each party might hold some responsibility for the collision. If your case were to go to trial, the judge or jury decides IF each party is liable for the collision and, if so, what percentage of liability each party is responsible for.

Consider this hypothetical situation: You are riding your bike at night. You have no lights on your bike. As you ride past a parked car, the driver opens his door and you are “doored.” You suffer serious personal injuries and your bike is trashed. The case goes to a jury trial.

The jury decides that because you were riding at night without lights — clearly against the law — you are partially liable for the collision. They may determine that you are 10% responsible and the driver is 90% liable. In that situation, if they awarded you a $100,000 verdict, you would receive $90,000 from the driver’s insurance company rather than the full $100,000.

Once you have admitted guilt at the scene (or in follow up conversations with the other driver’s insurance company), it becomes more difficult for your attorney to argue comparative negligence. It also means that it is more likely that the insurance company will either refuse to settle or low-ball its offer.

Trials are always more expensive in cost and in time than settlements, so if a fair settlement is possible, that is the more desirable route. (Of course you wouldn’t say THAT to an insurance company either because if it thinks you’re not prepared to go to trial you’re back to them either refusing to settle or low-balling their offer. It’s all a chess game with serious consequences for you.)

I have a friend who is a criminal attorney. He once told me the most difficult part of his job is trying to undo what his clients have told the police. As a civil attorney, I understand. It is very difficult to “unring a bell.” So, please, don’t admit liability or guilt. Let us sort that out later.

 

Jim Pocrass TrimmedFor more than 30 years, Jim Pocrass has represented people who were seriously injured, or families who lost a loved one in a wrongful death, due to the carelessness or negligence of another. Jim is repeatedly named to Best Lawyers of America and to Southern California Super Lawyers for the outstanding results he consistently achieves for his clients. Having represented hundreds of cyclists during his career, and Jim’s own interest in cycling, have resulted in him becoming a bicycle advocate. He is a board member of the Los Angeles County Bicycle Coalition. For a free, no-obligation consultation, contact Jim Pocrass at 310.550.9050 or at info@pocrass.com, or visit www.pocrass.com.

 

 

Category: Bikes & the Law, Bikes Have Rights, Guest Columns / Tags: , , , , , ,

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

June 13, 2015 / / Comments Off on 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.

 

Category: Bikes & the Law, Dr. Christopher Thompson, Legal Cases, Morning Links / Tags: , , , , ,

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

June 10, 2015 / / One comment

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.

 

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

Morning Links: Completing deadly Rosemead Blvd; Times seeks video of police shooting in Gardena bike theft

June 9, 2015 / / Comments Off on Morning Links: Completing deadly Rosemead Blvd; Times seeks video of police shooting in Gardena bike theft

Two hit-and-run drivers killed Heriberto Ruiz last weekend.

But maybe a dangerous roadway should share the blame.

According to BikeSGV, Rosemead Blvd in the Wittier Narrows area where Ruiz was killed is dangerous by design, with speeds often exceeding the posted 50 mph limit. Never mind cars zooming off the Highway 60 offramp, which he was trying to cross when he lost his life.

A bill before the state legislature would turn control of a 2.6 mile segment of the boulevard over to the county, the first step in a possible badly needed Complete Street makeover.

Let’s hope this tragedy is enough to get much needed changes made.

Now.

………

Good for them.

The LA Times has filed suit to get the dashboard video showing Gardena Police repeatedly shooting unarmed Ricardo Diaz Zeferino — the brother of the bike theft victim they had been called to help, not kill.

Zeferino was simply trying to tell the officers they had detained the wrong men when they opened fire after he dropped his baseball cap, allegedly because they thought he was trying to remove something from his waistband.

Yet somehow, the DA’s office ruled the shooting was justified. I guess “unarmed” just doesn’t mean what it used to.

Maybe this will let us all find out what really happened. And explain why an innocent man was shot to death by the people sent to help him — literally at the drop of a hat.

And why the DA doesn’t seem to care.

………

Calbike says good things are happening for bike riders in the state legislature, including bills that would increase funding for active transportation, and allow riders to attend bike traffic schools to reduce traffic tickets.

………

That didn’t take long.

Just hours after Bradley Wiggins set a new hour record, he’s accused of cheating by using a non-regulation bike and getting outside assistance from British Cycling. Evidently to confirm the public’s opinion that all cyclists cheat, all the time.

Wiggins will reportedly shift his focus to track events in the 2016 Olympics. Then again, even dogs can ride a tactical race.

But did anyone check their bikes for signs of mechanical doping?

………

Local

Streetsblog looks at South LA community organizer and bike advocate Tafari Bayne.

The average LA driver spends over $3,600 to get to work and back; 59% of Angelenos would use bike share if it was available in their neighborhood. That’s about $3,600 more than the average bike commuter spends.

KPCC reports on the problem of possibly incompatible bike share systems in the LA area.

Joel Epstein says bike lane opponents are still peddling in the last century. Although what they’re trying to sell, I have no idea.

CiclaValley explores the Compton Creek bike path, which seems virtually devoid of human life.

Whittier police recover a therapy tricycle stolen from an autistic 11-year old girl over the weekend.

 

State

OC Parks plans to pave a pathway in Peters Canyon to complete a continuous bikeway from Irvine Park to Upper Newport Bay.

San Diego’s plans for a $200 million bicycle network are over before they even start, according to the San Diego Free Press, which accuses the county association of governments of doubling down on the failed transportation policies of the last 50 years.

NorCal’s Tour de Manure returns for the seventh time. Insert crappy bike pun here.

 

National

Just days after we mentioned a transgender triathlete competing as a woman for the first time, a male transgender triathlete wins a spot on Team USA.

A road raging driver intentionally sideswiped a Colorado Springs cyclist, knocking him out of his first pro triathlon. Note to the Gazette: The race is still on, he just won’t be competing in it. Big difference.

My hometown sets its sights on Diamond Bike Friendly Community status. But even diamonds are rarely flawless. And hello to Andrew Reker, a fellow member of the Fort Collins diaspora. 

Bike friendly Boulder CO considers right sizing certain streets by removing a traffic lane to create spacious seven foot wide bike lanes.

Chicago’s 400-pound Puppet Bike has been entertaining people for 11 years; the bike is so heavy, two additional cyclists have to help tow it for distances more than a few blocks.

A New Jersey cop notices a kid riding his bike with a loose brake, and gets out of his car to fix it himself.

Only bike riders run red lights, right? Wrong. A new study shows one in ten New York drivers run reds.

Baton Rouge LA has a dysfunctional bikeway network; less than half of the city’s bike paths connect to another. Sort of like another LA I could name.

The Palm Beach Post asks, but doesn’t answer, whether the rewards of bike riding over age 70 outweighs the risk. Seriously?

 

International

As Ontario cyclists get the equivalent of a three-foot law, Alberta tells bicyclists don’t hold your breath.

Vancouver’s Chris Bruntlett writes about the pain of bike theft. And how the fear of theft influences where and how we ride. I often choose to walk instead of ride for trips under two miles, because it’s not worth the hassle of carrying a heavy U-lock and field stripping my bike.

A Montreal letter writer bemoans the behavior of her fellow bike riders, saying they don’t behave as well as riders in Copenhagen. On the other hand, Copenhagen has streets and laws designed around bikes; Montreal doesn’t. Or LA, for that matter.

Caught on video: A Brit bike rider is terrorized by the driver of a massive truck dangerously crowding his wheel.

Someone sabotaged the driveway of a popular Brit helmet cam safety campaigner with drawing pins.

A UK personal trainer plans to ride the entire Tour de France route on a chopper bike. Note to CTV News: There’s a bike difference between riding the Tour de France route and actually competing in it.

The Cardiff UK edition of the World Naked Bike Ride stripped down last Sunday; the LA edition rolls out on the 27th. Just promise you won’t get too excited.

The Times offers a nice profile of a woman cyclist in Afghanistan, a country generally unaccommodating to both.

An Israeli city bans e-bikes in some areas, while the country’s police want to require permits for their riders.

A former Manchester United goalie gets off with 12 months probation for deliberately turning his car into a bicyclist during a Sidney, Australia road rage dispute. Would the courts have been as lenient if he’d used a gun instead of a car? Either way, it’s still assault with a deadly weapon. Thanks to Simon for the heads-up.

 

Finally…

With the right skills, you can do anything on a bike, or to it, as the eighth annual Bike Smut exhibition of two-wheeled erotica makes painfully clear. A Cleveland man gets released from jail once he sobered up after being busted for being drunk and sans pants in public — and promptly steals a kid’s bike on his way out.

And an Arizona teenager is busted at the border with $1,600 worth of dope in his bike tires.

But seriously, how was the ride?

 

Category: Bicycle Safety, Law Enforcement, Streets and Infrastructure, Violence & Crime / Tags: , , , , , ,

Morning Links: San Bernardino police unfairly blame victim; bike commuter dares Sepulveda Pass sans spandex

June 2, 2015 / / 5 comments

This is the sort of crap bike riders have to deal with far too often.

After an 81-year old bike rider was killed in San Bernardino recently, police investigators determined that the victim was at fault.

Even though he had legally taken the lane, which was too narrow to share because of drifted sand, and was riding abreast, which is not not forbidden under California law.

And even though his bike was well lighted, and should have been clearly visible to the driver who hit him from behind, and who could have easily changed lanes to avoid him.

So evidently, it’s legal to kill bike riders in the Inland Empire, even when they’re riding within their rights.

The victim’s family asked the Executive Director of the Inland Empire Biking Alliance to talk to the detective in charge of the case.

What follows is a recount of the conversation from their Facebook page, reprinted with permission, which reads more like an Abbot and Costello routine.

Note: The name of the detective has been withheld to spare him well-deserved embarrassment.

Time to bring your blood to a boil. Our ED was asked by the family of William Easley (killed when hit from behind in SB) to represent their grievance with the police report putting William at fault. The traffic commission determined that the primary cause of the collision was Easley’s violation of CVC 21202. They contest that because he was riding two abreast, that is why he was hit.

Here is the abbreviated exchange between Mark and SBPD.

Mark: It is not illegal to ride two abreast and I have a letter from CalTrans stating such.

SBPD: It is not stated to be legal either

Mark: But it’s a substandard lane due to the sand (see picture below) and riding two wide allows for the rider to control the lane which is his right to do so

SBPD: Doesn’t matter. If he had been riding in front or behind other rider he would not have been hit

Mark: What if it were a car that been hit behind?

SBPD: He is not a car and must adhere to bike laws.

Mark: He’s still a vehicle and has a right to the lane. Why couldn’t the driver have simply change lane?

SBPD: He didn’t see him.

Mark: Why didn’t he see him? Didn’t the cyclist meet and exceed the required lighting for a bike?

SBPD: I don’t know and yes he had lights that were visible

Mark: So he didn’t even know if it was a car because he “didn’t see it”? But the fact that he was NOT paying attention is in your opinion NOT the primary cause?

SBPD: Correct

Mark: So where in the law is it ok to not see things while driving?

SBPD: It happens that’s why it’s an accident.

Mark: So your telling me that if a cyclist is not to the right as far as practicable, it is ok to hit and kill them as long as you say I didn’t see them?

SBPD: If Easley had not been riding 2 wide he would not be at fault.

Mark: I don’t care just about the fault. What scares me is you are setting a precedent that it’s ok to run over bikes and peds from behind if they are just a few feet out of what YOU DETERMINE as practicable.

Mark: What about CVC 21750 the 3′ Law? This is a clear violation of it.

SBPD: True but it’s not the primary cause therefore not applicable.

Mark: Then why aren’t we allowed the lane, since we are acting as a vehicle?

SBPD: Because your not. You have bike laws.

Mark: But we are also required and have the same rights as a car.

SBPD: You can’t have it both ways. You can’t pick and choose which laws you wish to follow. Either your under bike laws or motor vehicle laws.

AT THIS POINT MY MIND IS BLOWN

The scene of the fatal collision; note how the sand reduced the ridable portion of the roadway.

Mourners gather at the scene of the fatal collision; note how the sand reduced the ridable portion of the roadway.

HE stopped the meeting after this exchange:

Mark: How far in the lane was Easley?

SBPD: 7.5′

Mark: Wait a second. How wide is the lane?

SBPD: 20′ (actually 19′)

Mark: That gives a lot of room

SBPD: How wide is a Honda?

Mark: 6′ at best. He still has 12′ to clear him.

SBPD: I’m not going to go back and forth all day with this. We determined the primary cause

We all know the flawed logic in all this and we could hash this for hours with arguments. There was back and forth with CVC and hypotheticals earlier, that got nowhere.

I cannot express the level of frustration here. The shear power of this decision to undermine our right to the road and the danger it poses to all vulnerable users as now we are “just an accident” if you didn’t see us.

The family asked us to offer a rebuttal to the final police report, which I agreed to do. After that, it’s up to the family to decide whether they wish to pursue suing the insurance company. In a weird turn, the unlicensed driver was driving a car with insurance on it from his wife.

All of which raises the question of how can we ever be save of the roads if the police don’t understand the laws regulating bicycling.

And refuse to enforce them even if they do.

……..

Local

A magazine editor attempts an apparently death-defying commute from the Valley to UCLA over the Sepulveda Pass. Without the aid of spandex.

A Santa Monica woman was thrown off her bike by a homeless man who had been running in and out of traffic.

More bike lanes at Cal Poly Pomona may come down to the same old argument over removing parking. Never mind that improving bike access and safety could reduce the need for it.

BikeSGV will offer free bike safety classes in El Monte the next four Saturdays; click the link for classes in other cities around the county in coming weeks, as well.

 

State

Maybe it really is a new Caltrans, as the agency asks planners, engineers and cyclists for input on guidelines for protected bike lanes.

San Diego’s Hillcrest neighborhood prefers to remain auto-centric, rejecting plans for protected bike lanes and suggesting sharrows instead.

A Jurupa Valley bridge is being rebuilt with bike lanes and sidewalks on both sides. Unlike plans for a certain LA bridge we could name.

A three-month Sacramento road closure could force bicyclists to take a 16-mile detour.

A sidewalk riding Modesto cyclist somehow avoided serious injuries when he was hit by a big rig truck.

 

National

The broken leg John Kerry’s suffered in a solo bike fall won’t stop the Iran nuke talks after all.

Not even ghost bikes are safe from hit-and-run drivers, as a Portland memorial was struck — perhaps intentionally — just six days after a rider was killed at the same spot. But in rare case of a city actually giving a damn, Portland officials want to lower the speed limit on the city’s crash corridors.

For some reason, Kansas farmers were okay having a railroad in their backyard, but not the bikeway that replaced it.

A North Dakota driver faces a negligent homicide charge for killing a bike-riding triathlete last August while he was taking selfies as he drove; he deleted the photos in an attempt to hide the evidence.

A lawsuit says a Chicago area cop ran down a bike rider with his patrol car, Tased him, then shot him in the foot — all in a case of mistaken identity. To make matters worse, the rider is still sitting in a jail cell facing a battery charge resulting from the altercation two years later.

In a failure of the medical system, a 16-year old bike rider died two weeks after he was treated and released by the hospital following a rear-end collision.

 

International

Wired ranks the 20 most bike friendly cities on the planet; Minneapolis is the only US city to make a list, while Copenhagen replaces Amsterdam at the top spot.

A Vancouver librarian says stop demonizing fat people if you want get more people on bikes.

All bike thieves suck. But it takes a real jerk to steal a customized bike from a Winnipeg man who had his leg amputated.

Ontario cyclists now face fines up to $500 for riding without a light; the good news is, drivers now have to give bike riders a one meter — 3.3 feet — passing distance, and face a $1,000 fine for dooring.

A noted Toronto architect has died a month after he was hit by an SUV while riding his bike.

A new British helmet prototype gives riders a heads-up display of the safest bike routes.

That road raging UK driver who threatened to break a bike rider’s neck and eat him for breakfast just happens to own a chain of upscale coffee shops that offer cycling workshops. But no need to boycott because he says he’s very sorry. No, really.

Once again, someone has sabotaged a popular British riding route with drawing pins.

Brit bike scribe Carlton Reid describes his recent US book tour to promote his new book, Roads Were Not Built For Cars.

Beijing works with Dutch experts to revive bicycling in the Chinese capital.

Bangkok is starting to take safety seriously, reducing speed limits for streets with bike lanes to just 18 mph. Good luck with that here.

A Japanese Nintendo hero is teaming with Tokyo police to stop bike theft.

 

Finally…

It’s bad enough when police figuratively crap on bike lanes; worse when their horses literally do it. When you’re riding your bike with 18 bags of marijuana, put a damn bell on it, already.

And a Fargo man is convicted of drunk driving for operating a Zamboni with a BAC nearly four times the legal limit.

But at least he rode a bike to the arena instead of driving.

 

Category: Bikes & the Law, Law Enforcement, Morning Links / Tags: , , , , ,

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

May 30, 2015 / / 2 comments

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.

 

Category: Bike Events, Bikes & the Law, Legal Cases, Morning Links, Streets and Infrastructure / Tags: , , , , , , , , , ,

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

May 21, 2015 / / 6 comments

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.

 

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