Archive for Bikes & the Law

Roraff apologizes for killing Jorge Alvarado; cyclists disagree with city on environmental review

May 3, 2011 / / 11 comments

According to the Highland Community News, Patrick Roraff is sorry he killed pro cyclist Jorge Alvarado last April.

In a brief story about the case going forward against Roraff and co-defendant Brett Morin for the alleged street racing collision that killed Alvarado, the paper mentions that Roraff wrote a letter apologizing to Alvarado’s family — as well as telling investigators how much he regretted his actions.

According to the accident report, Roraff wrote a letter to Alvarado’s family apologizing for the crash and told investigators, “I feel so stupid for even doing that, like trying to show off … I wish I could go back and just change everything, but I can’t … I can’t believe I took away a life.”

Unfortunately, no amount of remorse will bring the rising pro rider back to life.

Then again, no amount of punishment will either, no matter how much jail time the two teenage drivers receive.

Thanks to Dj Wheels for the heads-up.

Update: I received an email from an L.A. cyclist named Bret Morin, who pointed out that I had misspelled the name of the driver charged in Alvarado’s death as Bret, rather than Brett. My sincere apologies to the other Bret Morin for any inconvenience this may have caused.

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Surely no one is really surprised by this. Damien Newton reports that cyclists are in conflict with L.A.’s notoriously risk-averse agencies over plans for environmental review of projects in the new bike plan.

You didn’t think the fight was over once the plan was unanimously passed by the city council, did you?

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Jessica Simpson and Eric Johnson ride a tandem in Venice, which brings up one of my pet peeves.

For those unclear on the subject, the world-famous Venice Boardwalk is that crowded sidewalk between the stores and the beach where bikes are banned. That narrow strip of asphalt where Simpson and Johnson rode last weekend is the world-famous Marvin Braude, formerly Venice/Santa Monica, Bike Path, where bikes are actually allowed and pedestrians banned.

In theory, at least.

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LACBC calls for volunteers for this weekend’s Culver City bike count. The West Hollywood Bicycle Task Force meets this Wednesday at 6:30 pm. Bikerowave is hosting a bike swap meet this Sunday. Source readers overwhelmingly approve of removing bike restrictions on Metro trains. Fourth District Councilmember Tom LaBonge rides next to the L.A. River; public television station KCET offers a field guide to biking it yourself. Harry Dougherty offers great photos from last weekend’s Sunday Funday ride, as well as the L.A. River clean-up. Santa Monica Spoke will host a bike exhibition at the 20th Annual Santa Monica Festival. Gary Kavanagh says Santa Monica could be the envy of the bicycling nation. Hermosa Beach invites you to an all ages bike playdate on Saturday the 14th. SoCal’s bike-friendliest city celebrates Bike Month. The Claremont Cyclist offers local bike news, including the new Citrus Regional Bikeway. The Amgen Tour of California will bypass the scenic central coast due to a massive landslide.

Astronaut Grover says wear your helmet. It’s Bike Month, so get out there and don’t proselytize. What to consider when you get new tires. Then again, maybe you’re overinflating your tires; based on this, I may try dropping my front tire a little. What’s your motivation to ride to work? The League of American Bicyclists shifts their focus from educating cyclists to educating the drivers who threaten us, and wants your help to do it; they also release the latest list of bike-friendly cities. No surprise cycle tracks save lives. Touting the environmental benefits of cycling could do more harm than good. People for Bikes says 2011 could be the year of the bike. The perfect accessory for your designer handbag could be the new Kate Spade bike.

Lovely Bicycle ponders why some towns aren’t cycling towns. Participants in New York’s popular Five Boro Bike Ride seem to spend more time walking than riding. The Washington Post implies cyclists are the only ones who need to obey the law, while Wash Cycle deftly dismantles their arguments. DC cyclists are threatened by drivers, as well as the roads they ride on. Maryland adds tougher penalties for negligent drivers who kill cyclists. A cyclist is killed by a hit-and-run driver in North Carolina after falling in the street, even though his friends tried frantically to stop the oncoming driver; thanks to Zeke for the heads-up. Florida cyclists may get a chance to ride a local causeway legally. The legal deadline has passed for Lance Armstrong to sue Floyd Landis over doping allegations.

Canadian parents are charged with letting their nine-year old son ride without a helmet after he’s hit by a car. Maybe if you rode with a halo around your head, you might not end up with one. A nurse saves the life of a man who collapsed during a triathlon, then finishes the race herself. Town Mouse wonders if we’re teaching our children the right lessons. An 81-year old UK man dies after a collision with a cyclist. Great mostly bike-related artwork. Good road design makes peace break out between cyclists and drivers. Sydney homeowners discover living near a bike path is good for property values.

Finally, if you’ve already jumped bail after being ordered not to drink, don’t get drunk and ride your bike into a parked patrol car.

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

Questions in the Silver Lake shooting death of Manuel Santizo, and lots of weekend links

April 30, 2011 / / 2 comments

Questions are being raised in the death of Manuel Santizo, the cyclist who was fatally shot in Silver Lake after being bumped by a car.

According to the Eastsider LA, Northeast Division homicide detectives say that while the suspects are believed to be gang members, there is no evidence that Santizo was involved in a gang.

“There is no indication that Manuel was a gang member. Nothing, nothing at all,” (homicide detective P.J.) Morris said.

The Eastsider LA adds that police are questioning something that had sounded odd to me in the original reports.

Also, Morris is puzzled by the fact that the shooters took the time to run down Santizo’s bike before opening fire. In most drive-by shootings, the suspects waste no time in firing their weapons and then fleeing from the scene. “It’s not indicative of a [typical] gang, drive-by shooting,” Morris said.

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The rider killed in a solo bike collision in Coachella last week had been identified as 63-year old Nemesio Herrera of Coachella.

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Witch on a Bicycle switches from confirmed vehicular cyclist to segregated infrastructure supporter, but warns that bad bike infrastructure is worse than no bike infrastructure.

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Bikeside’s Mihai Peteu looks at the Grand Opening of Long Beach’s protected bike lanes. LADOT Bike Blog looks forward to Bike Week. New lights come to the L.A. River Bike Path. Metro bike maps are making their appearance at local train stations. An Indian cyclist passes through the Valley on his way around the world to call attention to the environment. SoCal AAA offers their advice to motorists and cyclists on how to share the road together. A 10-year old Altadena boy is okay after being hit by a car in a SWSS.* When a horse is killed by an out-of-control car, no one says it shouldn’t have been on the road. Long Beach is hosting a meeting on the city’s proposed new bike plan on Tuesday.

Sometimes, bike safety progress comes in baby steps. A Newbury Park woman has ridden over 4,000 miles for charity. Best of luck for two UC Santa Barbara cyclists who have qualified for the National Championships. Bakersfield’s Bike Festival takes place in two weeks; and yes, I have walked those very streets. The latest nuptial trend is bike weddings, including this one at L.A.’s Mormon Temple. A 12-year old Modesto girl is in grave condition after being hit by a car. A Redwood City cyclist is beaten up in a 7-Eleven parking lot in a road rage dispute. Once you’ve downed a pint or two down, your risk of a bike crash goes up — as a Tulare rider just learned.

After getting hit by a car, a Kingman AZ teenager is cited for riding on the wrong side of the road and not having brakes on his bike. In a case that doesn’t quite add up, a 78-year old Missouri cyclist is killed when he runs into a Highway Patrol car parked on the side of the road; aside from the question of why he couldn’t see it, it would seem to require traveling at a surprising rate of speed. A Portland, Maine paper reports that a five-year old boy was injured when he collided a dump truck; no hint of press bias there. A New Hampshire woman moves to San Jose by bike. After the NY Post’s latest anti-bike diatribe, the paper publishes some voices of reason. New bike lanes are about to bloom in Philadelphia. Delaware tells cyclists they’re riding the wrong way. The Maryland Department of Transportation says cyclists are just being safe, not arrogant. A Georgia cyclist faces a charge of vehicular homicide a year after his alleged failure to yield causes the death of a motorcyclist; I wonder how many drivers have faced similar charges after cutting off bike riders? A Florida pastor plans to bike 1500 miles to New York to raise funds for Haiti.

Tips on how to bike commute safely. Large trucks continue to take their deadly toll on UK cyclists. A UK man is arrested for a drunken bike ride through the local supermarket in a chicken suit. The Dutch didn’t always ride like the Dutch, which gives hope to Dubliners, as well as the rest of us. Taylor Phinney’s hard-luck freshman year on the pro tour continues, as he crashes in the Tour de Romandie, shattering his bike but finishing on a spare. Bangalore University works to become bike-friendly through the country’s first university bike share program. A 10-day bike race wraps up in Ho Chi Minh City.

Finally, in an absolutely astounding case, after a Lancaster driver is stopped at a DUI check point, police notice his state of intoxication, as well as the fresh blood on the bumper of his car — and trace his route back to find a dead pedestrian lying on the side of the road.

*Single Witness Suicide Swerve

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

San Diego cyclist shot and killed in National City area (updated)

April 30, 2011 / / Comments Off on San Diego cyclist shot and killed in National City area (updated)

It’s happened once again.

Early Friday morning, 21-year old Jordan Hickey was shot and killed while riding his bike in the Lincoln Acres neighborhood of National City, just southeast of downtown San Diego.

The shooting occurred at 12:30 am on the 2800 block of Grove Street. When police arrived, they found Hickey lying on top of his bike, fatally shot at least once in the upper body. No explanation yet on the motive for the shooting.

Anyone with information is urged to contact the sheriff’s department at (858) 565-5200, or the homicide detail at (858) 974- 2321.

Remarkably, this is the third fatal shooting of a cyclist in Southern California this year, and the fourth since December.

Update: According to the Union-Tribune’s Sign On San Diego website, Hickey did not drive due to developmental disabilities, and rode his bike everywhere. He was returning home from visiting his girlfriend, and was just minutes from the apartment he shared with his mother and brother when he was shot. 

“He was just at the bottom of the hill,” his mother said. “He was almost home….”

She said her son “lived in his own world,” and was kind and caring. “He did not believe me when I told him that there are people in the world who would hurt you,” said Hickey, a single mom who has raised her sons on her own.

The story quotes his uncle, John Hickey, describing Jordan as artistic and gentle, someone who “wouldn’t hurt a fly.”

John Hickey said he was angry that this could happen to his nephew, who “never smoked, never did drugs, never drank” and who had “no malice toward anybody.”

Authorities still haven’t identified a motive; it doesn’t appear that he was robbed, and unlike the other recent bike-related shootings, there doesn’t appear to be any suspicion of gang violence.

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

Accused killer of Jim Swarzman arraigned in San Diego, currently facing relative slap on the wrist

April 29, 2011 / / 4 comments

The accused hit-and-run driver charged with killing Encino cyclist Jim Swarzman has pleaded not guilty in San Diego Superior Court.

According to multiple reports, Joseph Ricardo Fernandez was arraigned Wednesday on a single count of hit-and-run causing death.

That’s it.

No charges for DUI charges or killing another human being, whether carelessly or deliberately. Just running away like a coward and leaving a crumpled body behind.

Fernandez faces up to four years for taking the life of another human being – less than Dr. Christopher Thompson received for attempting to injure two riders in Mandeville Canyon.

Hopefully, the case is still under investigation; it’s always possible that additional charges may be added later.

The description of the collision suggests that the driver was either asleep or extremely drunk when he hit Swarzman, as witnesses reported the truck drifting from lane to lane before swerving over to hit Swarzman’s bike.

Witness descriptions also suggest that the driver was fully aware that he hit something, despite Fernandez’s reported comments when he turned himself into police that he thought he may have hit something over the weekend.

By all accounts, the collision was extremely violent. People on the scene, including Swarzman’s fiancé, say his bike exploded on impact and that he was hurtled through the air before crashing to the roadway; the driver then sped away from the scene.

And yes, Swarzman was riding exactly where he should have been on the roadway, and was lit up like a Christmas tree in the North County San Diego darkness.

It plausible that Fernandez was so drunk — or yes, so tired — that he couldn’t remember it the next day.

But I find it impossible to believe that he did not know, at the moment of impact and the minutes that followed, that he had hit someone or something, and made the decision to run away rather than stop and be held accountable for his actions.

Of course, I have no way of knowing if Fernandez had been drinking. My speculation — and at this point, that’s all it is — is based strictly on the late hour and the witness descriptions of the truck’s actions before and after the collision.

Although if I had to make a bet, I’d lay everything I own on it.

And that shows the failure of our current laws regarding hit and run. As it now stands, California law actually encourages drivers to flee the scene if they’ve been drinking, because the penalties for drunk driving are much stronger than the penalties for hit-and-run.

If he was in fact intoxicated, the smartest decision Fernandez made that night — as least as far as his legal prospects are concerned — was to run away until he could sober up, then turn himself in once the booze and/or drugs were out of his system and a DUI charge was off the table.

And that has to change.

At last report, Fernandez was still being held on $100,000 bond. His next scheduled court appearances are a readiness conference on May 5th, and a preliminary hearing on May 10th in the San Diego Superior Court, North County Regional Center, case number CN290834.

I’m not mad yet. But I’m getting there.

Correction: Originally, I had written that Fernandez had pleaded guilty. That was a typo; the plea was not guilty, as I’ve corrected it above. Thanks to Dj Wheels for the catch.

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

Hollywood blocked bikeways may be common, but not legal; moving story on fallen cyclist Alex Romero

April 29, 2011 / / 7 comments

It something we’ve all gotten used to living here in the greater metaphorical Hollywood.

And something we shouldn’t have to.

If you’ve ridden much around this city, chances are, you’ve found your way blocked by a movie crew, TV set or a commercial photo shoot at some point, forcing you to wait until the scene or shoot is over.

Or maybe you’ve run into my pet peeve — movie crews parked along the side of the road, with orange safety cones placed in the middle of the bike lane to protect their precious trucks from passing cyclists, forcing you out into traffic with little or no warning.

And often as not, with no legal basis.

Take the photo shoot Todd Munson encountered on his way home last week on the Ballona Creek Bike Path.

They were set up near the eastern end. When I rolled up they had a scrim set up that was a good 10 feet high and as wide as the path. Because of it, I had to come to a full stop and announce my presence before they even noticed I was there. Based on how “fashionable” they all were I’m guessing they came from the nearby Smashbox Studio.

When I realized how much I was “hassling” them by having to move their equipment to make some room, I asked if they had a permit for the shoot. Everyone just sort looked at each other and mumbled incomplete sentences. The guy who was apparently in charge was the one covering his face in the first photo. The amazing thing to me was that nobody including him was at all apologetic. The best they could do was “Hey man, we didn’t think anyone would be here.” And a couple of them even tried getting tough.

The other funny part was that girl in the red shirt in photo number 3 asked that I not take anyone’s picture.

Good times.

Problem is, unless they did have a permit, what they were doing was completely illegal. Section 21211 of the California Vehicle Code reads:

21211.   (a) No person may stop, stand, sit, or loiter upon any class I bikeway, as defined in subdivision (a) of Section 890.4 of the Streets and Highways Code, or any other public or private bicycle path or trail, if the stopping, standing, sitting, or loitering impedes or blocks the normal and reasonable movement of any bicyclist.

But it doesn’t stop there. It goes on to prohibit parking or placing anything on the bike path that would block it, as well.

(b) No person may place or park any bicycle, vehicle, or any other object upon any bikeway or bicycle path or trail, as specified in subdivision (a), which impedes or blocks the normal and reasonable movement of any bicyclist unless the placement or parking is necessary for safe operation or is otherwise in compliance with the law.

Of course, there are additional subsections specifying a handful exceptions, none of which apply in the situation Munson encountered. Or to the overwhelming majority of cases you might encounter that would delay your ride more than a few moments.

Then there’s the matter of blocked bike lanes.

As we’ve discussed before, bike lanes are considered traffic lanes by the LAPD, just like the larger lanes to their left. And just as it’s illegal to block any other traffic lane, it’s against the law to block a bike lane — whether with trash cans, orange cones or double parked vehicles.

The question is whether L.A.’s favorite industry enjoys a special exemption when it comes to their trucks.

The afore mentioned Mr. Munson, who seems to be having a rash of bad luck with this sort of thing lately, reached out to myself and Tony Arranaga, who works in the office of 11th District Councilmember Bill Rosendahl, after a recent encounter with bike lanes blocked by a movie crew on San Vicente Blvd in the Brentwood area.

Tony was kind enough to connect us with Geoffrey Smith, Director of Community Relations with FilmLA Inc, the agency responsible for overseeing the massive amount of filming that takes place in this city on a daily basis.

Once again, I’ll let Todd explain the situation:

The specific incident I encountered occurred in Brentwood along San Vicente last Thursday morning (3/24). A film production had vehicles parked on both sides of San Vicente near the golf course and had laid out large cones along the respective bike lanes.

The cones were placed on the outer edge of the bike line cutting down its width to the point that it was no longer safe to use. Any cyclist who chose to stay in the bike lane was faced with a lose-lose situation as they were forced to ride dangerously close to parked vehicles. Should a door swing open or a crew member walk out from between the vehicles, the tightly spaced cones to the immediate left eliminated any chance for a safe escape.

The only option for a cyclist wishing to avoid this mess would be to exit the bike lane and ride in traffic. This option was equally undesirable and dangerous as motorists tend to treat San Vicente as a mini freeway- especially during the morning rush hour.

Attached is quick diagram I made with the help of Google Street View illustrating the dangerousness of the situation.

To reiterate what Ted stated, those cones served no functional purpose other than creating a life-threatening situation for cyclists. Should the status quo be allowed to remain, it’s not a matter of if but when a deadly accident will occur.

That drew the following response from Smith, who answered promptly the next morning:

1)      No, the company should not have put cones in the bike path. It seems that the Transportation Captain was perhaps a little overzealous in trying to let everyone know that there was a trailer parked on the street. Why he felt that the general public would fail to see a trailer 8’ wide by 7’ high will undoubtedly remain a mystery.

2)      Yes, a company can close a bike path BUT, it requires submitting a traffic plan to DOT, showing what alternate route(s) are being created, via cones, barricades, signage, so that bicyclists are not forced into traffic. DOT has to approve of the closure before it will be allowed.

3)      As an FYI, FilmL.A. is 24/7. If you should run into this situation again, PLEASE call us 213/977.8600 ASAP. Let us check and see a) if there is a permit and b) if they have a closure of the bike path.

4)      I am also annoyed if they were parking on both side of San Vicente. Parking on the north side is not allowed.

I don’t know about you, but I’m putting that phone number in my speed dial.

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Dj Wheels, who has been very busy keeping up with local bike-related criminal cases lately, shares the news that 19-year olds Patrick Roraff and Brett Morin will face trial for the death of rising pro cyclist Jorge Alvarado in Highland one year ago.

Roraff and Morin were allegedly street racing at around 70 mph when Roraff lost control and hit Alvarado, who died on the side of the road, far from his family and friends in Mexico.

According to the Press-Enterprise, the two will be arraigned on May 12th on a single count each of vehicular manslaughter.

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Chances are, you’ve never heard of the San Fernando Valley Sun. But maybe you should.

Once again, they’ve written movingly about the death of yet another teenage Valley cyclist murdered by a hit-and-run driver.

Just six months ago, it was Danny Marin*; this time, it’s Alex Romero, run down by a speeding driver on De Soto Avenue in Canoga Park last week.

Consider the heart-rending pathos in the first paragraph alone:

Tomorrow, April 29, Maria De La Paz “Pacita” Romero will have to find the strength to bury her teenaged son. “Empty. I feel empty,” Maria said as she attempts to describe the loss of her son, German Alex Romero, a 17-year-old promising soccer player whose life was tragically cut short last week when he was killed by a hit-and-run driver in Canoga Park.

Remarkably, Romero’s family doesn’t bear any animosity towards the still unidentified driver; his mother saying “God bless him” of the man who killed her son.

The family would also like Romero’s death to serve a positive purpose. Their desire is for new bicycle markings to be placed on the street where he was killed, as well as additional lighting, a traffic light and cameras.

“We would like Alex’s sacrifice to be worth something,” Fuentes said. “He came to this earth for 17 years to give light to everybody, motorists and bicyclists, so that we may be more careful to make ourselves aware of everybody who’s on the road.”

Seriously, stop whatever you’re doing, and take just a few minutes to read a very well-written story about the massive hole a heartless driver has left in what appears to be a remarkable, and remarkably forgiving, family.

But don’t be surprised if you find a few tears in your eyes before you’re done.

*Unfortunately, the original Sun story is no longer available online.

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Finally, the LACBC reports that the peak hour restrictions limiting bikes on Metro trains have been lifted, effective immediately. While the bike ban has been widely ignored in recent months, the action of the Metro Board means you can now take your bike on any Metro train, any time, to any destination.

As train cars come in for servicing, they will have seats removed to create additional standing and storage room to provide more space for bikes, as well as other large objects such as strollers and shopping bags.

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

Arrest warrant issued for Long Beach fire captain in drunken hit-and-run

April 28, 2011 / / 3 comments

Around 1 pm on April first, 47-year old Jeffrey Gordon was riding his bike on Westminster Blvd east of Bolsa Chica Street in Long Beach.

A moment later, he was sailing 70 feet through the air after being hit from behind by a Chevrolet pickup truck driven by Long Beach fire captain John David Hines.

Rather than stop and render aid as he is trained to do, Hines fled the scene as witnesses chased after him begging him to stop. They followed him to his home in Huntington Beach where he was arrested by the police, who allege that he looked drunk and had a strong odor of urine on his clothes.

The Belmont Shore – Naples Patch reports that Billy Chisholm was a passenger in one of those pursuing vehicles.

“I was sick to my stomach the whole time,” Chisholm recalled. “He just hit him and left him to die like he was a skunk in the road. He had to have known he hit him because his truck was all busted up. That was a human being he left there to die. It’s not right.”

Then again, maybe its a good thing he didn’t try to save Gordon’s life; with a blood alcohol level of .24 percent — virtually the same level as Marco Antonio Valencia showed when he killed Joe Novotny — he probably would have done far more harm than good.

And he’d already done more than enough harm behind the wheel.

Hines reportedly spent the morning drinking at the Schooner or Later bar in Long Beach before driving down to Seal Beach. That’s where he allegedly drifted into the bike lane and struck Gordon’s bike from behind, then sped off without ever hitting his brakes or slowing down.

Not surprisingly, an arrest warrant was issued for Hines on Wednesday.

According to the Huntington Beach Independent:

John David Hines, 38, is charged with one felony count each of driving under the influence of alcohol causing bodily injury, driving with a blood alcohol level of .08% or more causing injury and hit-and-run with injury, according to a release from the district attorney. He also faces sentencing enhancements for causing great bodily injury and having a blood alcohol level over .20%.

Fortunately, Gordon survived the collision, despite spending two weeks in the hospital with severe injuries ranging from head trauma, severe lacerations and bruising to his head and body, to internal injuries and spinal and vertebrae injuries. However, he reportedly continues to suffer limited mobility, and speech and memory loss.

Hines faces up to six years and eight months in prison if convicted. According to the Times, he is still being sought by police on $250,000 bail; it’s possible that he may have entered rehab in an attempt to get leniency from the court.

The only real difference between this case and that of Valenica — who faces 24 years to life in prison after being convicted of 2nd degree murder and felony hit-and-run while intoxicated on Wednesday —  is that Hines’ victim survived, while Valencia’s didn’t.

Thanks to master wrench Chris K for the heads-up.

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

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

April 27, 2011 / / 5 comments

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

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

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

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

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

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

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

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

April 27, 2011 / / 5 comments

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

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

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

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

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

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

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

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

April 27, 2011 / / 15 comments

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

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

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

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

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

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

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

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

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

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

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

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

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

Hey Ted,

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

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

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

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

Bro Dave

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

.………

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

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

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

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

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

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

April 27, 2011 / / 15 comments

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

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

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

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

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

.………

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

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

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

.………

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

.………

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

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

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

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

Hey Ted,

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

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

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

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

Bro Dave

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

.………

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

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

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

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

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