Archive for Bikes & the Law

Second cyclist found dead in less than one week; strong arm bike-jack attempt on L.A.’s 7th Street

October 31, 2011 / / 3 comments

For the second time in less than a week, a Southern California cyclist has been found dead, apparently of natural causes.

Just five days after an unidentified 70-year old rider was found alongside the road near Fillmore, a rider was found unconscious and unresponsive along the Stevenson Canyon trail on the Santa Rosa Plateau Ecological Reserve.

According to Temecula Patch, the rider was discovered by other cyclists, who attempted to administer CPR until paramedics arrived and pronounced him dead. He was discovered around 8:10 am Sunday, near the intersection of Clinton Keith and Tenaja Roads west of Murrietta.

Patch reports that the rider, who has not yet been publicly identified pending notification of next of kin, was 60 years old and a resident of Temecula.

The death is still under investigation; no information yet on whether he may have fallen or died of natural causes.

We have no way of knowing how or why this man died.

But it’s a good reminder to check with your physician first if you’re new to riding or coming back after a long layoff.

You may feel healthy. But there may be things going on inside that you don’t know about.

……..

Sunday morning I received an email from an anonymous reader reporting a very frightening attack against a local cyclist with an unusually positive attitude.

Tony is the nicest guy, and he owns a little shawarma place on 7th Street, right in front of the new westbound bike lane.  He’s about as bikey as any small-business proprieter in L.A. can be (and that’s even if you include Josef Bray-Ali.)   That’s Tony on the sandwich board in his delivery bike’s basket:

He lives in mid-Wilshire and commutes by bike, too.  Very recently, he bought a shiny new Fuji to replace his old commuter.

On Friday when I popped in to refuel before Mass, his arm was in a sling, so I asked why.  He told me.

The night before, Thursday, he was on his way home from the restaurant, waiting at a stoplight on Wilshire.  A motorcycle came up behind him, and its passenger jumped off and kicked him over!  Tony hit the asphalt hard, and the creep tried to jack his bike.  Still on the ground and unaware of the extent of his injuries, Tony had the presence of mind to hook a leg through the frame.  After several yanks, the creep gave up and fled with his accomplice.

Witnesses called 911 and stayed with him until the police & medics arrived.

Tony has a fractured scapula and some bruising, but he still has his bike.  And he’s still confident enough to commute, even with a busted shoulder!   I asked if he isn’t worried now about riding so late (his restaurant closes at 11pm weekdays, and 2am Fri/Sat), but he said naw, there are more good people than bad people, and “people always help.”

I am kind of a pessimist, so I held my tongue about how “helpful” the perpetrator was.  Next visit, I’m going to actually read the little scroll of Scripture hanging by the kitchen, ’cause I bet anything its sentiment reflects Tony’s philosophy.

Also, I’m shooting an email to Sgt. Krumer to see whether there have been any similar thefts lately with the same unusual modus operandi, although given the biking demographic in this area, a lot of such crimes, even when accompanied by physical violence, probably aren’t reported.

For several months now, I’ve been reading about similar strong-arm bike-jackings from other cities across the country — including several right here in California  —in which thieves have used everything from baseball bats to brute force to knock riders off their bikes before riding off with them.

Hopefully, this is just an isolated incident and not the beginning of yet another dangerous trend local riders have to worry about.

Maybe Tony’s positive attitude and willingness to fight for his bike will send a message to potential thieves to find another way to get their prey. Or maybe find another line of work altogether.

And maybe I need to stop in for a little shawarma next time I ride those new 7th Street bike lanes.

……..

One last note.

A great story from a formerly auto-centric Toronto columnist who tried biking to work at the urging of a local bike activist and blogger.

And liked it.

Thanks to Taylor Peck for the heads-up.

And a happy All Hallows Eve to all you bike-born boys and ghouls.

Category: Bicycle Safety, Injuries and Fatalities, Violence & Crime / Tags: , , , ,

No news is good news? Stephanie Segal sentencing delayed

October 28, 2011 / / 9 comments

As many of you may know, Stephanie Segal was scheduled to be sentenced yesterday for the drunken hit-and-run death of cyclist James Laing in Agoura Hills last October.

However, when there was no word last night on the sentencing, I reached out to cyclist/attorney Dj Wheels to see if he’d heard anything. As it turned out, he’d already checked with the court clerk, who informed him that the hearing had been continued to November 29th; no reason was given.

Personally, I’m hoping the judge will give us a strict sentence we can be thankful for around Thanksgiving, instead of a terrifying slap on the wrist just before Halloween.

……..

Wheels also reports that Shawn Fields is appealing his seven-year sentence in the drunken hit-and-run death of 17-year old cyclist Danny Marin, case number B236186. His opening brief is due in mid-December; however, he’s still waiting for an attorney to be appointed, so expect a delay.

And a trial date has finally been scheduled for Patrick Roraff in the alleged street-racing death of pro cyclist Jorge Alvarado in April of last year. A pretrial hearing is scheduled for December 19, with a trial readiness conference January 20th, and the actual trial is set to begin on January 23rd. As Wheels notes, we’ll have to see how firm those dates turn out to be.

After all, Roraff may have some more soccer matches scheduled.

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

Drunk driver gets 19 years for killing a toddler; 2nd driver gets 300 days for pre-fatal hit-and-run

October 25, 2011 / / One comment

Sometimes justice takes a long time. Sometimes, it’s just a matter of months.

And sometimes, both cases are just too tragic to comprehend.

In the first case, a Phelan man has pleaded guilty for the June, 2008 collision with a family of four enjoying a quiet bike ride that left one child dead just weeks before her 2nd birthday, and her 11-month old brother severely injured.

According to the San Bernardino Sun, the incident occurred  when Jesse Rolando Astorga fled the scene following  a drunken collision with another car.

Rialto police say Astorga fled from a fender bender with another car in June 2008, when he ran his 2008 Honda Pilot into a median on South Willow Avenue a few minutes after noon, veered to the right, jumped a curb and struck a family of four riding on the sidewalk.

The collision knocked the father, 28-year old William Dean Dinoso, off his bike, and ripped off the bike trailer carrying the two children. He then smashed into the 26-year old mother, Glenda Brooks, throwing her off the car’s windshield and into the gutter.

Brooks, who was unaware that she was pregnant at the time, later delivered another son who was born with developmental difficulties.

Astorga was videotaped buying two 18-packs of beer at a gas station just an hour before the collision.

According to the Sun, he accepted a plea deal on September 9th for five felony counts.

Astorga, now 31, would have faced 10 felony counts at trial, including murder. However, he pleaded guilty to charges of gross vehicular manslaughter while intoxicated, hit and run resulting injury or death, and three counts of drunken driving with a 0.08 blood alcohol content, causing bodily injury.

He now faces the next 19 years in prison.

And a two-year old’s family faces life without her.

……..

In a bizarrely tragic case, a 19-year old Rialto man has been sentenced to 300 days in jail for a hit-and-run collision that severely injured an 18-year old BMX racer, possibly leading to his death in a separate collision months later.

In January of this year, Andrew Dean Murvine drove his pickup truck off Norco Drive in Riverside, and onto a dirt path used by pedestrians and horseback riders. He struck Tyler Rosen as he was walking along the path, then fled the scene, leaving Rosen with life-threatening injuries.

Remarkably, despite weeks in a coma, Rosen recovered from his injuries enough to get back on his bike.

Then on July 30th, he was hit by another car while riding, and reamined in a coma until taken off life support on August 7th.

According to the Valley News, family members believe he would never have been hit by the second car if not for the lingering injuries from the first collision.

As in the Astorga case, Murvine accepted a plea deal, changing his plea to guilty in exchange for a sentence of 300 days in jail and three years probation.

He had faced up to three years in prison.

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

Update on death of Mark Leones, a call for peace in Downey, L.A. County releases bike plan

October 20, 2011 / / Comments Off on Update on death of Mark Leones, a call for peace in Downey, L.A. County releases bike plan

Finally, a little more information on the death of cyclist Mark Leones in Laguna Beach on Sunday.

According to the Laguna Beach Coastline Pilot, the 28-year old Costa Mesa man was riding with a group of six or seven riders when he lost control coming out of a curve on a downhill, struck the curb and was thrown from his bike, striking his chest and the back of his head.

Road conditions were not a factor, and no other bikes or vehicles were involved.

I can’t speak for you, but I’ve been in that same position hundreds of times over the years, where a slight wobble or patch of gravel could have meant disaster on a high speed descent.

We all want to credit our skill for the successful completion of a ride like that. But often, luck can be just as much a factor.

Maybe Leones pushed his just a little too far that day.

There but for the grace of God.

My prayers for his family and loved ones.

……..

The family of bike rider Genaro Ramirez calls for peace after his shooting death in Downey early Monday morning, and hopes no one will try to retaliate. It may already be too late, though, as the investigation continues into the death of cyclist Juan Gutierrez, who was shot and killed about 10 miles away less than 24 hours later.

My sympathy to the families of both victims.

……..

The County of Los Angeles unveils the final draft of their proposed new bike plan, offering a more than 500% increase in bikeways. Your last chance to comment of the plan could come before the County of Los Angeles Regional Planning Commission, Wednesday, November 16th at 9 am in the Hall of Records, Room 150, 320 West Temple Street in Downtown L.A.

Meanwhile, Oxnard’s new bike plan calls for 122 miles of new bikeways, while Bakersfield cyclists push for a new plan they can call their own.

And the City of Los Angeles is looking for federal funding to fill in gaps in the L.A. River Bike Path.

Update: I just got late word that the South Pasadena City Council has ordered its staff to draft a cyclist anti-harassment ordinance based on the recently passed L.A. law. Hat’s off to South Pass for taking this key step to protect cyclists — and taking the lead in spreading this vital law beyond L.A. city borders.

……..

The LACBC has reduced the price of tickets for next week’s 2nd Annual City of Lights Dinner to just $45 for both members and non-members alike. However, the planned Tour de Taste scheduled for next month as been postponed, with the date to be determined.

And Cannondale is teaming up with Junk Food Clothing to design two urban Bad Boy bikes to be officially unveiled at Antenna Magazine’s ReMix Lab in New York. The art, music, fashion and cultural festival will hit L.A. December 7th through 11th, at a site to be selected.

……..

My newly bike-riding brother officially announces he’ll be competing in the 2012 Yukon Quest.

With dogs and a sled, not wheels.

……..

In bike-riding celebrity news, Shia LaBeouf bikes his way back from a barroom beatdown, Gwyneth Paltrow rides through Central Park, and Will and Kate Boris Bike their way through London Town.

……..

Stephen Box offers a powerful indictment of L.A.’s frequently blocked bike lanes. LADOT explains separated bike lanes, and says the new Commuter Express buses will have triple bike racks. LA Cycle Chic discovers a new upscale bike shop on Venice Blvd. The Path Less Pedaled unveil their new 2012 Calendar; expect Russ’s usual breathtaking photos — and they’re working on new T-shirt and sticker designs to help pay their way to New Zealand for the winter. The Claremont Cyclist looks at last weekend’s Spooky Cross, and finds it spooky, indeed. Redondo Beach votes to approve the proposed South Bay Bike Plan and build it in 12 years rather than 20. Turns out California had a pretty decent bike route system over 100 years ago. Tour de Pink rolled through Ventura and Santa Barbara Counties last weekend. Doing the Furnace Creek 508 by fixie. All it takes to ruin a ride is a good screw. An angry cyclist delays a Bay Area Caltrain.

How slow is too slow for the Slow Bicycle Movement, and how chic do you have to be for cycle chic? The Urban Country explains what, exactly, a Dutch bicycle is. Dave Moulton says don’t be a gutter bunny. An unidentified Oregon drowning victim may have bought his bicycle in La Mesa, CA. Once again, an idiotic radio shock jock tries to boost ratings improve safety by calling for a ban on bikes, this time in Seattle; as long as he’s in the mood to blame the victims, how about ending armed robbery by banning banks and liquor stores? A Salt Lake City news anchor returns to the air eight weeks after being cut off by a hit-and-run driver. The recent Pro Cycling Challenge brought in $83.5 million to the Colorado economy. Oklahoma driver Tausha Borland files an appeal of her 24-year sentence for running down three cyclists, killing two, after drinking and taking pain killers; Witch on a Bicycle calls for respectful letters to the judge considering her appeal. Which one is really the a**hole — the slow cyclist or the impatient driver? No helmets necessary for New York bike share riders. A popular bayfront Brooklyn bike path is a mess; I so know the feeling. A Hudson Valley ninja cyclist is killed; always, always use lights and at least some light-colored or reflective clothing after dark. Politicians on both sides of the aisle agree bikes are cool. Maybe the tide is finally turning when it comes to justice for South Carolina cyclists, if you consider 90 days and five years probation justice. Zeke makes a mess of building a building a bike rack but gets it right eventually. Bike trails pump $42 million into the Central Florida economy; link via Baltimore Spokes. A fatal Florida hit-and-run may have been homicide, or maybe not.

Almost inevitably, fashion designers discover the bicycle. Not all bike racers ride marvels of modern science. Should corporate manslaughter charges be filed when known road defects cause bike or pedestrian fatalities? A new online photo library will offer free images of happy cyclists and positive infrastructure. A UK town provides bike lockers to protect local’s rides. A Sussex cyclist is deliberately assaulted with a jeep after asking the driver to kindly get off the sidewalk. Lancashire police are cracking down on bike theft, but does anyone ride with proof of ownership? Feast your eyes on next year’s official time-trial heavy route for the Tour de France. Riding two-way bike lanes on Vienna’s one-way streets. Copenhagen Cycle Chic on the five senses of cycling. Two Moscow cops run down a rider after getting drunk on the job. When a toddler is run down by a Chinese hit-and-run driver, bystanders just walk around — or drive over — the child.

Finally, even a clown can be a victim of bike theft. But at least they get it back. And look for a tongue-in-cheek — among other places — parody of the popular Pee-wee’s Big Adventure. But it may not be a bike he’ll be riding this time.

Category: Advocacy & Politics, General, Injuries and Fatalities, Violence & Crime / Tags: , , , ,

19-year old Downey man fatally shot while riding his bike; 8th fatal SoCal bike shooting this year

October 18, 2011 / / One comment

This has got to stop.

According to the Downey Beat, a 19-year old man was shot to death while riding his bike in Downey early Monday morning.

The man, who has not yet been publicly identified, was found bleeding in the street on Earnshaw Avenue near the intersection with Prichard Street around 3 am. Police report few clues and no witnesses; the site reports that it’s currently unknown if he was shot from a passing car or because of a dispute, or for some other reason.

Despite the lack of public ID, the victim was clearly well known in the neighborhood, described as friendly man and a good barber who gave haircuts to local residents.

This is the eight shooting victim killed while riding a bike this year, and the seventh in the County of Los Angeles. That compares with 59 cyclists killed in traffic-related collision since the first of the year.

He may not have been targeted because he rode a bike. But the loss of a young man who hadn’t even seen his 20th birthday is every bit as tragic.

And just as much a waste.

My sympathies to the victim’s family and friends.

……..

Cyclist and attorney Dj Wheels reports that Shawn Fields, who was recently sentenced to seven years in the drunken hit-and-run death of 17-year old Pacoima cyclist Danny Marin, has filed an appeal of his conviction.

Wheels reports that the appeal was filed the same day Fields changed his plea. There’s no basis given, but it’s a safe bet that it hinges on the defense’s motion to have almost all the evidence tossed for lack of probable cause in entering Field’s home to make the arrest, which was denied by the judge.

Fields was sentenced to 2 years for the vehicular manslaughter charge, plus five for the hit-and-run, as well as ordered to pay $10,515 in restitution to the victim’s family.

He is now confined in the North Kern Prison, where he can expect to spend at least the next three-plus years with good behavior.

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

The charges fit the crime — OC authorities re-file in alleged DUI speed racing collateral damage case

October 12, 2011 / / 2 comments

Most times, we’re just happy when charges are filed against a driver for killing or injuring a cyclist.

Any charges.

No matter slight, because it beats the all too frequent alternative in which dangerous motorists drive off to do it again, without even a bruise on their wrists.

Which makes it very surprising when the DA not only files charges, but actually re-files to bring enhanced charges — and stiffer penalties — against a driver in a criminal case.

But that’s exactly what happened in the case of Michael Roach, accused of contributing to the crash that critically injured Huntington Beach cyclist Richard Lauwers last January.

Lauwers was riding home on a beachfront bike path when he became collateral damage in a street racing collision between 57-year old Glenn Michael Moore and 36-year old Michael Roach.

In other words, two men old enough to know better.

Thankfully, Lauwers survived, if barely.

In fact, he’s reported to have recovered from his injuries, and resumed riding his bike around his hometown.

An anonymous source reports on the enhanced charges against Roach. And notes that it wasn’t his first offense.

Michael Dennis (“Speed Racer”) Roach was previously charged with a single violation of 23109 (engaging in a speed contest) in the January incident that put cyclist Richard Lauwers in critical care for six days.

That charge has been dropped. The case has been refiled with different charges. The new charges are 23109.1 (DUI with injury) along with an enhancement of inflicting great bodily harm, and 23109.1 (engaging in a speed contest, with injuries to another). Roach has pled not guilty to both and posted $50,000 bond.

It gets more curious.

Ten years ago, he was arrested and charged with four separate misdemeanors in that case:

  • 23152(a)…….DUI
  • 23152(b)…….DUI with a BAC of .08% or greater
  • 20002(a)…….Hit & run with property damage
  • 14601.1(a)….Driving on a suspended license

He pled not guilty to 23152(a), and that charge was dismissed. For the others, he was sentenced to a total of 50 days in jail and three years of informal probation, and his license was restricted for 90 days. He then violated his probation (I dunno for what), and earned another fun 30 days in jail. His probation was reinstated, and during this time, he was also cited for speeding and failure to show proof of registration, in separate instances, although neither seems to have affected his probation. His history of recklessness probably has something to do with the new, improved charges.

Meanwhile, fellow speed demon Moore — the driver whose car actually collided with Lauwers — faces a misdemeanor count of engaging in a speed contest, as well as felony counts of DUI causing great bodily injury and DUI with a blood alcohol content over .08%.

In other words, both were blasted at 8 am on a Sunday morning.

And nearly killed another human being because they were too drunk — or too stupid — to keep their damn feet off the accelerator pedal.

……..

The same source reports that Joseph Fernandez is finally behind bars for the death of Encino cyclist Jim Swarzman.

Also, Joseph Fernandez, who slaughtered Jim Swarzman as his fiancé watched, is currently behind bars at the Richard J. Donovan Correctional Facility in San Diego County. I tried to confirm the length of his sentence yesterday (Columbus Day?), but the courthouse was closed. Still, it’s comforting to know he’ll be off the streets for a while.

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

Autry Museum to honor fallen cyclists with Day of the Dead display; remembering a fallen friend

October 7, 2011 / / One comment

Click to enlarge

This one is close to my heart.

Andy Rodriguez of the LACBC recently forwarded an email to me from Brian Yoder of Lore Productions looking for information about fallen cyclists for a Day of the Dead art installation at the Autry Museum in Griffith Park.

We are reaching out to the bicyclist community on behalf of Lore Productions and the Gene Autry National Center – Museum of the American Southwest, located in Los Angeles, California. We are currently preparing for the 2nd annual Day of the Dead cultural festival entitled “Vivan Los Muertos” on October 29, 2011.

Award winning parade float designer and multimedia artist, Marcus Pollitz from Fiesta Parade Floats will be presenting an installation in the form of an altar. His exhibit will be called “A Tribute to Fallen Bicyclists” and is a remembrance of those who have been lost while riding.

We are focusing on raising bicyclist awareness through this cultural event to better educate and inform people about this enduring and growing community.

To make this exhibit even more meaningful, we are asking bicyclist organizations, foundations, family members and friends of fallen riders to share a picture of their loved one that has passed and to include a word on the life that they lived, so that it can be apart of this powerful memorial.  In return, we will have a professional photographer capture this memorial on camera and we would like to send you a picture of the exhibit after the event.

Better yet, please make plans to come out to the Gene Autry National Center on October 29, 2011, and experience the tribute in person as it will be a very beautiful memorial with a touching message.

Below are some picture/info links with regards to last year’s event at the Autry Museum & a story on Marcus Pollitz.

Please contact me via e-mail for more information.  Please send your digital photo and message to brian@loreproductions.org

Thank you.

From my perspective, anything that calls attention to epidemic of cycling fatalities on our streets is worth supporting. Especially something that keeps alive the memory of those who have fallen, and remembers them as human beings rather than just victims of our auto-centric society.

So I traded a few emails with Brian, who responded with a more in-depth description of the project.

This project is very important to Marcus Pollitz (the lead artist in charge of this tribute) as he enjoys riding himself.  In fact, all of us working on this event at the Autry are passionate about this particular installation as these are very sad and unfortunate events that seemed to get overlooked in society.   I think the most important part of the tribute is the pictures and bios of the riders themselves so if you can help by reaching out to the families, friends and bicyclist community through your blog, that would really be incredible.

Click to enlarge

Here is the artist rendition of the exhibit from Marcus.

The fallen bicyclist display consists of a skeleton figure riding a “Ghost” bike through a neighborhood row of round bushes, bike topiaries, colorful flowers, doors and windows. 50 brightly colorful helmets transformed into skulls will make up the back wall. The number 50 helmets represent fallen riders of each state of the union.  In the front, they’ll will be NHTSA info about bicycle deaths and prevention, and framed pictures of lost cyclists.

Every death is tragic. And every cyclist lost on our streets cuts family and friends to the bone, and leaves a whole in their lives and our communities that can never be filled.

I can’t think of a better way to honor those who have lost their lives for no reason other than they chose to ride a bike, at the wrong place and the wrong time, or possibly in the wrong way.

I strongly encourage you to go see the exhibit when it opens.

But more importantly right now, if you’ve lost a loved on riding a bike — here in Southern California or anywhere else, recently or in the past, I urge you to share your story with the artist. I’ll be forwarding a few of the stories we’ve shared here.

Because these aren’t just victims, or even cyclists. They’re mothers and fathers, grandparents, children, brothers and sisters, husbands, wives, lovers, family, friends and co-workers.

And they all deserve to be remembered.

……..

One personal note.

Thirteen years ago, Matthew Shepard was beaten and tied to a fence outside Laramie, Wyoming, and left for dead.

He was found by a passing cyclist the next day, October 7th, who initially mistook his limp, nearly lifeless body for a scarecrow.

His death hit close to home for me. Both because Laramie is less than an hour from where I grew up, and because Shepard used to frequent my home town, feeling it was more accepting of gays than the more conservative town where he attended college.

But more importantly, perhaps, because 17 years earlier, I lost a good friend in a gay bashing, beaten to death in a Cleveland motel because he invited the wrong person back to his room.

Just as no one should ever die because they ride a bike, no one should ever die because of who they are or who they love.

It doesn’t matter if you’re gay or straight.

Everyone deserves the right to live in peace and equality. And be truly accepted and loved for who you are.

Whoever that may be.

……..

I’ll be back later tonight with photos from last year’s Tour de Fat, and notes about this weekend’s CicLAvia.

Right now, I’m going to go ride my bike. And let the wind blow away my tears.

Category: Bicycle Safety, General, Injuries and Fatalities, Violence & Crime / Tags: , , , , ,

Felony charges in SaMo road rage after all, and I nearly run down a seemingly semi-suicidal cyclist

October 5, 2011 / / 3 comments

I was wrong.

Twice, as it turns out.

Last week, I wrote that a report that the charges against SaMo road rager Jeffrey Ray Adams had been upgraded to a felony appeared to be incorrect, based on responses from both the DA’s office and the Santa Monica City Attorney’s office.

And I had previously written that any charge against Adams was likely to be filed as a misdemeanor rather than a felony, based on the victim’s lack of serious injuries.

Wrong on both counts.

Cyclist/attorney Dj Wheels reports that as recently as last Thursday, both offices still said the case had been referred to the CA. However, when he checked on it again today, he discovered that on September 23rd, the DA had filed two felony counts of assault with a deadly weapon, case No. SA078790.

Why two felony counts for the one incident, I have no idea. And no word on why the DA’s office changed their minds.

As I noted last week, Adams was scheduled to appear for arraignment on September 26th; a felony bench warrant was issued when he failed to appear. The warrant was recalled when he appeared on the 28th with a new attorney at his side.

A preliminary hearing is scheduled for November 2nd at the LAX courthouse.

My apologies to the victim, and to everyone else, for getting it wrong this time.

And thanks to the DA’s office for taking this case seriously, and to Dj Wheels for staying on top of it.

……..

Tuesday afternoon, I nearly hit a cyclist.

I was driving back from REI in Santa Monica, partly because I needed some new arm warmers and partly because our dog has had a difficult week. And like a typical Angeleno, there’s nothing she enjoys more than a ride in the car to cheer her up.

Just what I need, an auto-centric Corgi.

This particular cyclist was hugging the parking lane, riding closer to the curb between the parked cars, then coming back out into the traffic lane to go around parked vehicles.

When he moved back towards the curb in an extended space between cars, I took my opportunity to pass, moving slightly to the left just in case. Then watched him look back over his shoulder, my car clearly visible on his left. I responded by letting up a little on the gas.

And sure enough, even though we were in the middle of the block, he suddenly threw his arm out to signal a left turn and immediately cut across my path, forcing me to hit my brakes to avoid him.

Suddenly, I had a far different perspective on all those SWSS collisions — Single Witness Suicide Swerve — in which drivers swear the cyclists they hit pulled out in front of them without any warning.

Because I was that close to being one of them.

Fortunately, I recognized the warning signs and reacted in time, although my move to the left actually increased the risk of a collision by putting me closer to him as he cut across.

Although if it hadn’t been another cyclist following behind him and recognizing the warning signs, he might not have been so lucky.

Then, oddly, I came home to read a few online news stories I’d been saving from the weekend, and discovered one from a British cyclist who had a nearly identical experience.

And went back to talk to the offending rider the next day.

……..

Governor Brown has just five days to sign SB 910, the 3feet2pass bill, despite opposition from the CHP — and eloquent support from a retired CHP officer paralyzed on the job. Best biking buddies Lance and Tony urge the re-governor to sign, too.

……..

Joe Linton offers a behind-the-scenes look at Sunday’s CicLAvia, while Mayor Villaraigosa stands up for it. This year’s route will cover 10 blissfully car-free miles. Bikerwave is closing Sunday so they can be there; maybe they’ll meet with some of the candidates for city council in CD15 hosted by Bikeside.

And half of your Veggie Grill purchase tonight will go to support CicLAvia.

Speaking of Linton, he offers a remarkable review of the results of the recent ThinkBike workshops for Downtown, Pacoima and South L.A. And likes what he sees, despite complaints about the process from some quarters.

……..

Gas 2.0 says no one walks in L.A., but we do bike. KPPC’s Air Talk program talks bikes with the co-author of The Urban Cyclist’s Survival Guide. Jaclyn Andrea Garcia is scheduled to start her jail sentence on Thursday. LADOT is three-quarters of the way to its first 40 mile annual bikeway commitment, assuming you count sharrows. A beginner’s guide to surviving the streets of Los Angeles. South Pasadena plans a new citywide bike network. Santa Monica gets a new bike riding training course. Bike-friendly UCLA offers students free use of a new $1400 repair station, while free air stations are a big hit in the South Bay. Long Beach is ready for its close-up. A bike riding Downey gardener refuses to use power tools. The importance of overcoming obstacles of the mind when you ride.

Temecula police arrest an 18-year old mask-wearing cyclist who appeared to be casing parked cars; okay, but how exactly do you ride suspiciously? An OC cyclist loses control on a busy roadway and slams into an SUV; sounds like he’s lucky that’s all he lost. Corona del Mar cyclists could soon have new signs and striping at key intersections. The Voice of San Diego says it’s time to fix the city’s cycling problems; as usual, the comments offer the same battle between cyclists, bike haters and vehicular cyclists you’ll find on almost any online infrastructure story. A lightless cyclist is sideswiped by a Chico State University police officer. If you’re looking for an emotionally charged name for a new hockey team, how about Critical Mass?

Tea Party members who criticize “socialist” bikeways might be surprised to learn arch-conservatives have supported cycling for over 40 years. What can be done to cut the unacceptably high rate of cycling fatalities. Evidently, drivers don’t like other drivers, either; turns out we’re all responsible for the tensions on the street. Bob Mionske says it’s time to stop blaming the victims. A Hawaii father says urges cyclists to make an informed choice on wearing a helmet. Bikes, cars and trucks attempt to occupy the same space/time on Seattle streets. As if the endless conflict between cars and bikes isn’t bad enough, in Colorado it’s cyclists vs. sheep dogs; I’ve had a few stare downs with stray flocks myself, but can’t recall a run-in the with the dogs guarding them. Texas A&M cracks down on cyclists for their own good, while bike laws don’t protect cyclists at LSU. If you don’t have plans for next May, you might consider the Tour de Rouge, a six-day ride from Houston to New Orleans; any ride that gets you out of Houston and ends in the Big Easy can’t be bad. Chicago bans hand-held cell phones and texting by cyclists; having watched in amazement as texting cyclists blundered into dangerous situations, I seriously do not have a problem with that. Senator Chuck Schumer walks, but apparently doesn’t ride, the Prospect Park West bike lanes his wife continues to fight, even though opponents knew their case had no merit. The Wall Street Journal puts a couple of negative bike studies in perspective, and not surprisingly, the results look a lot different from what the press has been reporting with baited breath; thanks to George Wolfberg for the heads-up. Streetsblog points out that bike-on-pedestrian injuries actually dropped as bicycling rates soared. Why DC needs their version of L.A.’s bicyclist anti-harassment ordinance.

Bicycling uses Geraint Thomas as an example of how to fall right, and offers eight examples of why The Cannibal may be the greatest cyclist of all time; no offense, Lance. Lululemon steps in to save the highly successful HTC-Highroad women’s team. New Calgary bike lanes oddly force riders to swerve out into the traffic lane. After nearly getting killed in an Arizona collision last year, adventurer James Cracknell cracks just 68 miles short of a tandem crossing of the British Isle; amazing that he could make it that after nearly dying last year. British cyclists prepare to go back to Blackfriars Bridge to demand safer cycling conditions. Another tragic — and predictable — London cycling death. The Dutch Cycling Embassy says cycling is for everyone, even if Dutch cyclists may not be qualified to ride in the UK. An Aussie magazine puts bike locks to the test. Tokyo police crack down on fixies (correction: Rick Risemberg points out they’re only going after brakeless fixies). Biking regains popularity in China.

Finally, cool L.A. bike jazz — and a cool L.A. bike jazz video — from Garfield Adams; I’ve started my day with this video for the past five days and it hasn’t failed to put a smile on my face yet. The music track is every bit as good without the bikes, too.

And I’m all for innovation when it comes to bike wheels, but no. Just no.

……..

One other quick note: I was hoping to highlight an exciting and heartbreaking new exhibit honoring fallen cyclists at the end of this month, but this post got a little too crowded. I’ll try to get to that in the next day or two.

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

Another fatal shooting of a bike rider in Long Beach; should we care?

October 2, 2011 / / 9 comments

Does it really matter?

According to the Long Beach Press-Telegram, an unidentified man was shot and killed in Long Beach around 7:30 Saturday night; or rather, the authorities have not publicly released the victim’s ID yet.

Police found the victim on the 1300 block of Atlantic Avenue after responding to reports of shots fired; he was taken to a nearby hospital where he died of his wounds. Witnesses report he’d been riding his bike when he was shot, though police could not confirm that. However, a bike is clearly visible lying in the street in the news photos.

No description was available for the suspect(s), who remain at large. Police do not yet know if the shooting was gang related.

Chances are, though, it was.

Not because of any stereotypes about the location, though Long Beach has long had a gang problem, just like many or most cities in Southern California. But because most street shootings involve gang ties in some way.

Of the six — now seven — fatal shootings of cyclists in SoCal this year, at least four were suspected of being gang-related. One in Silver Lake last April involved an alleged gang member as the shooter, though the victim — and the reason for the shooting — had nothing to do with gangs. And last I heard, another April shooting, this time in San Diego, did not appear to be gang-related.

So what do these deaths have to do with the greater cycling community?

In most, if not all of these cases, the victims were not targeted because they were on a bike; the bike was merely the form of transportation they were using at the time.

That’s the argument several people have used in encouraging me not to give the same coverage to cases like this that I do to other cycling deaths. And why I no longer include shootings in my stats on cycling fatalities, instead separating them into their own category apart from traffic-related deaths.

Still others have questioned whether shooting victims should be honored with a ghost bike. Or if they should be, if not ignored by cyclists, at least not afforded the same concern and respect we show other fallen riders.

And should his death matter any less to us if it does turn out to be gang-related than if he was the victim of a road rage attack, killed precisely because he was on a bike and in the way?

My personal opinion is that all deaths matter, and that as cyclists, we should all be concerned when any one of us falls, for whatever reason.

For at least a moment, at the time of his death, this man was riding a bike. He was, however briefly or for whatever reason, one of us.

And he is now dead, like too many others. Whether they were victims of guns, or cars. Or their own riding errors.

He was one of us, and now he is gone.

So what do you think?

Should we care?

Or simply turn our heads and look the other way?

Update: the victim of the shooting has been identified as 29-year old Reynard Lionell Fulton of Palmdale.

Category: Dr. Christopher Thompson, Injuries and Fatalities / Tags: , ,

Breaking news: Shawn Fields guilty in death of cyclist Danny Marin; details on Jaclyn Garcia plea deal

September 30, 2011 / / 4 comments

Cyclist and attorney Dj Wheels reports that Shawn Fields unexpectedly changed his plea to guilty last week, and has been sentenced in the death of 17-year old Kennedy High School student Danny Marin.

The collision occurred on Laurel Canyon Blvd in Pacoima about 2 am on October 2nd of last year — exactly one year ago this weekend. Fields was allegedly drunk when he hit Marin, then drove home after initially stopping at the scene; police found him inside his home, sleeping on the couch.

In what was apparently a last ditch effort, Fields’ attorney attempted to have the evidence suppressed last month — including the results of Fields’ blood alcohol test — arguing that the arresting officers did not have a warrant when they entered his home, after he failed to respond when they knocked. The judge rejected that motion, ruling that the police had probable cause to arrest Fields and that there were exigent circumstances that negated the need for a warrant.

The prosecutor handling the case told Wheels that Fields pled guilty to vehicular manslaughter while intoxicated, and admitted to the special allegation that he fled the scene of Marin’s death.

He received a sentence of 7 years in state prison; with good behavior and the current prison overcrowding crisis, he can be expected to serve roughly half of that. Or less.

It won’t bring Danny back.

But at least Danny got the justice his death demanded.

……..

In other legal news, Wheels also offers the full details on the plea bargain accepted by Jaclyn Andrea Garcia for the allegedly drunken collision that nearly took the life of cyclist Adam Rybicki last April.

Rybicky was participating in a weekly, informal group ride known as the Doctor’s Ride shortly after 7 am on Sunday, April 3rd, when Garcia’s car headed straight towards the group on the wrong side of the road.

In the mad scramble to get out of her way, Rybicki was hit head-on, and another rider was injured when he was hit by the fender of Garcia’s car. Rybicki survived, in part, because an orthopedic surgeon happened to be on the ride that day.

Reports from observers at the scene suggest that Garcia and her companions seemed emotionless and unconcerned about the carnage they had caused; maybe because it was far from her first infraction. While Garcia denied it, many people who were on the ride that day have severely criticized the apparent lack of responsibility in the letter she wrote to the court.

Rybicki remains intubated in a rehabilitation facility; while he’s lost the sight in one eye, he is able to communicate using a white board. He reportedly continues to improve, but faces a very long road back to be anything close to the man he was before.

As reported here before, the plea deal will result in just one year in county jail for Garcia. However, Wheels reports that there are more conditions to her sentencing.

She was initially sentenced to three years in state prison, the maximum term allowed for violating CVC 23153(a), which prohibits driving under the influence of alcohol or drugs causing injury.

However, the sentence was suspended and she was placed on five years probation.  As noted, she will be required to spend 365 days in county jail; the judge specifically barred serving her time on house arrest. Other conditions include court fines and acknowledging that she’s agreed to a first strike under the three strikes law.

She’s also required to abstain from drug or alcohol use, enroll in a 3-month DUI class, wear a Lindsey Lohan-style SCRAM device for one year to detect alcohol use, submit to random drug testing, and install an ignition interlock device on her car.

How about just revoking her drivers license?

Permanently, preferably.

In addition, she will have to participate in the HAM/morgue program, seek and maintain employment approved by a probation officer, and agree to submit to searches by probation or other officers without probable cause.

A restitution hearing is scheduled for November 17th, and she’s scheduled to surrender for incarceration on October 6th.

While I think most of us would have preferred more jail time, it is a tough sentence in other respects. And if she violates the terms or commits another offense, she has that suspended prison sentence hanging over her head.

Personally, I wouldn’t bet on her making it through probation without screwing up.

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