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

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.

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

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.

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

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.

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

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.

Valencia trial nears conclusion, CA 3-foot law moves forward, NY Post absurdly fans the bikelash flames

Dj Wheels reports that the trial has resumed in the case of Marco Antonio Valencia, charged with murder and hit-and-run, among other charges, in the death of Joseph Novotny and the serious injury of three other riders.

According to Wheels, the prosecution has rested their case, and the defense is expected to conclude today after calling a single witness.

The defense’s expert witness, Dr. Ari Kalechstein, a neuro-psychologist who has testified in numerous other trials about the effect of intoxication on the brain and the effect on behavior, offered the opinion that Valencia was “unconscious” (either blacked out or passed out) at the time of the collision with the cyclists.

The prosecution’s cross examination has begun and will resume tomorrow morning (Tuesday) at 10:30am.  So far, the prosecution is attempting to establish that although someone is “unconscious” (i.e. blacked out) they can still be aware of what they are doing.  Also that despite the expert’s opinion, he can not provide the jury with any indication of what was going on in the mind of Valencia at the time of the collision.

After the defense rests, the judge and attorneys will have to confer about the appropriate jury instructions to read to the jury before closing arguments begin.

Hopefully they get through it all tomorrow so the jury can start deliberating.

The Signal reports on the same testimony, and notes Valencia faces 27 year to life if convicted on the murder charge.

.………

Jim Lyle reports that the news is good for Richard Schlickman, the cyclist injured recently in a fall caused by new speed bumps in Palos Verdes Estates, as he has been moved to a rehab facility and is talking up a storm. Meanwhile, no change in the condition of Adam Rybicki, critically injured in a collision with an alleged drunk, under-aged driver.

.………

California’s proposed three-foot passing law makes it onto the legislative agenda; provisions also include a requirement that drivers pass riders at no more than 15 mph above the speed of the bike, with a fine of $250 for violations. Meanwhile, Kansas cyclists get a shiny new three-foot passing law of their very own; that brings the total up to 17 states with a three-foot law.

And it could soon be illegal to use a hand-held cell phone while you ride.

.………

What kind of a jerk would steal a bike from a teenager with Downs Syndrome? As I’ve said before, there’s a special place in hell…

.………

Now you can round up your credit and debit card purchases, and contribute the difference to the Bikes Belong Foundation to support projects like People for Bikes and Safe Routes to School.

.………

The bike-hating New York Post once again smears Gotham cyclists, noting that 24% of riders they observed in bike lanes at a busy intersection ran red lights — but fails to note that the overwhelming majority didn’t. According to the paper, fifteen percent rode the wrong way or swerved in and out of bike lanes; yet once again, they neglect to mention that 85% stayed in the lanes and rode with traffic. Or the distinct possibility that cyclists swerved out of bike lanes because they were blocked by the city’s famously double-parking drivers or pedestrians who use the bike lane as an extra sidewalk.

They also get their hackles up over the 81 cyclists out of 7,182 riders — just over 1% — who rode on the sidewalk; something tells me a lot more drivers than that parked in the bike lane. And of course, when they describe an average of four near-collisions an hour, they fail to note who was at fault, absurdly implying that the cyclists were to blame in every case.

In a textbook example of pot calling kettle black an editorial today, the paper says “far too many cyclists are clueless, boors or bullies,” and calls for a continued crackdown on New York cyclists.

You have to admire a publication with such a firm commitment not to let facts or rationality sully their pages.

Meanwhile, some New York cyclists consider the city’s separated bike lanes “deathtraps;” however, the Wall Street Journal notes that the number of riders killed in them totals exactly zero.

And much-maligned NYDOT Commissioner Janette Sadik-Khan joins the board of Occidental College; could this be a first step in coming back home to Los Angeles?

Pretty please?

.………

Will Campbell shares a photo of the ghost bike for shooting victim Manuel Santizo. LACBC wants your support for bike lanes on the soon-to-be-widened North Spring Street Bridge. LAPD bike cops could soon be zipping around on e-bikes. Streetsblog notes that removing Brentwood and the Westwood condo corridor reduces the effectiveness of the planned Wilshire Bus Rapid Transit lane by 40% — not to mention putting cyclists, who would share those lanes, at continued risk in some of the most dangerous sections of the boulevard. HuffPo offers a biking route from Echo Park to Venice Beach. Gather some friends together make your own Santa Monica CicLAvia. Help take CicLAvia to South L.A. Dancer ala Mode says her new career as a bike advocate began when someone stole her bike. Next time you need your Penny Farthing fixed, Flying Pigeon can handle the job.

Rick Risemberg visits the new separated bike lanes in Long Beach; Mihai and Gary Kavanagh seem impressed as well. A Monrovia High student nears a perfect season in the SoCal high school mountain bike league. Great bike photos from the Claremont Day of Champions. Bicycling’s ride of the day is our own Mt. Baldy. Long Beach’s biking expats Russ Roca and Laura Crawford are the proud owners of Bike Radar’s website of the week. A 17-year old OC cyclist riding on the 405 Freeway gets a good talking to from the police. A San Diego cyclist suffers a life-threatening injury after being doored by a driver getting out of her parked car.

A comprehensive beginners guide to bicycling. How bike economics can help beat the energy crisis. Wired looks at the culture of bike messengers. Complete Streets means the freedom to get around the way you want. A bike hating Tucson driver considers switching sides. Former president George W. Bush rides with the Wounded Warrior Project. Illinois police will now track dooring incidents, after originally saying they couldn’t. Minnesota reminds drivers to share the road after the state suffers its first cycling fatality of the year. A new campaign identifies bike-friendly businesses in New York; something tells me the Post won’t be one of them. Mo Rocca says when the U.S. becomes a third world country, we’ll all be riding bikes; hey, works for me.

Male drivers are twice as likely to have distracted-driving collisions as women. A London cabbie starts a campaign against high-intensity headlights, saying they put cyclists and others at risk by blinding drivers. An 81-year old UK man is killed in a collision with a cyclist. BoJo will be giving Will and Kate a tandem for a wedding present. Pharma Lotto rider Phillipe Gilbert wins three classics in a single week, though some question if the Schleck brothers handed the last one to him. Tel Aviv is the latest city to suffer a bikelash over bike lanes. South Jakarta gets its first bike lanes, though it looks more like motorcycle parking in the photos.

Finally, New York state police pepper spray a drunk cyclist. And a member of New York’s Transportation Alternatives board of directors says cyclists need to show we’ll use bike lanes responsibly; if drivers were held to that standard, no new roads would ever be built.

Two more bike deaths add to a bloody spring

Just two days after writing about the unacceptably high rate of cycling deaths on SoCal streets, we have two more to add to the list.

One was killed in an apparent solo collision Friday night; the other succumbed earlier this month to injuries suffered last November.

In the most recent case, a man was found lying dead on top of his bike on the side of the road in Coachella, at the intersection of Avenue 50 and Peter Rabbit Lane. Despite initial reports of a hit-and-run, police investigators concluded that the rider, who has not been publicly identified, was the victim of a solo collision.

According to KPSP-2, the victim was riding on the sidewalk at a high rate of speed about 8:03 pm Friday when he collided with a traffic light pole. Police investigators suggest he lost control of his bike after gaining speed on the downhill side of a railroad track overpass.

A police spokesperson indicates that the victim’s bike did not have an “operable brake system” or front headlight; that probably means he was riding a fixie, in which the fixed gearing itself can be used to stop the bike.

In the other case, 22-year old cyclist Marco Acuapan died on April 8th, over 4 months after he was injured in a Tustin hit-and-run.

Acuapan was riding west in a marked bike lane on Walnut Avenue near Browning Avenue about 7:30 pm on Wednesday, November 17th when he was rear-ended by red 2010 Mustang, which fled the scene. He suffered severe head injuries and taken to a hospital in critical condition, remaining in a coma until his death this month.

Witnesses provided police with a description and the license number of the car, which police later found abandoned in nearby cul-de-sac; Renato Demartino was arrested at his home on suspicion of felony hit-and-run.

Demartino is currently released on bond on charges of felony hit-and-run with permanent and serious injury, unsafe turn or lane change, and not using headlights after dark. No word yet on when charges will be upgraded to reflect the victim’s death.

That makes 26 cycling deaths in Southern California this year; 23 resulting from collisions after the first of the year, and 2 from shootings while riding.

Thanks to Rick Risemberg for the tip on the Coachella collision, and an anonymous tipster for the information about Acuapan’s death and charges against Demartino.