This story breaks my heart. And it scares the crap out of me.
Last spring, Donny McCluskey was waiting at a red light when he became collateral damage in a violent vehicular collision.
He did everything right. He was exactly where he was supposed to be, and obeying the law in every way.
And yet he still died when a speeding driver ran a red light, and was broadsided by a drunk driver who was crossing on the green, sending the van tumbling into him.
The pickup driver who was otherwise obeying the law was arrested on the spot for DUI. Yet the driver who caused the collision and took the life of an innocent cyclist got a relative slap on the wrist, charged with a single count of misdemeanor vehicular homicide.
The victim’s family thought they’d see justice and get closure at his hearing. They were mistaken.
I’ll let his sister, Patti McCluskey-Andre tell the story.
No JUSTICE
Update on Donny McCluskey’s case with opening court date completed on February 13, 2013. It appeared to be held in Indio traffic court where most of the crimes were DUI, not showing up for DUI work (warrants) or driving without a license. After hearing these cases, there was Donny’s case: MISDEMEANOR vehicular manslaughter. No bail, no driving suspension, no reason to even show up in court for the driver (Armando Gomez of Cathedral City) who killed Donny-HE NEVER has to go to court because as the judge said several times: he was only charged with a misdemeanor (never mentioned manslaughter again) and he hired an attorney to represent him.
The judge explained the charges and the law as the DA had but the DA had no way of knowing he had hired a lawyer. As a family, we believed we would see the man and have some kind of closure. We agreed it was a terrible tragic accident caused by one man’s inattention and selfishness but not intentional. Yet, after court we realize the man who killed my brother, NEVER HAS TO GO TO COURT. Court was imagined as a form of cathartic movement for us to check off our grief list. We know there is no bringing Donny back, no matter what our actions are. We left the court in disbelief as to what kind of message are these charges delivering? Donny’s life was not worth more than paying a lawyer and going on with your life without much ado?
I could literally feel my 82 year old dad’s heart break as he sat next to me. I sensed him using sheer will to keep on breathing through the impersonalization and lack of importance attached to the death of his son. He also had to go home to tell Donny’s wife and mom what occurred. My heart breaks for everyone. My sister, my dad and I came to INDIO as we felt it was Donny’s day in court and since he was dead, his family would represent him.
Seems there are no laws protecting cyclists who die from gross vehicular operation unless the driver was texting, drunk or leaves the scene. Mr. Armando Gomez ran a light and accelerated an additional 30 mph when he realized it. Unfortunately, Mr. Gomez and his van were hit by a truck traveling through a green light resulting in his van flipping and skidding into my brother causing massive life ending injuries (Donny was following ALL the laws).
Mr. Gomez’s lawyer actually stated it was possibly the OTHER man’s fault. Now that is taking responsibility for your actions. I don’t know what the green light man did, but he was arrested at the scene for being under the influence. Maybe he could have stopped, if he was not under the influence but he was not the root cause of the accident. I am sure this driver will have more profound consequences.
Meanwhile, we grieve and acknowledge every month that goes by without our amazing husband, brother, son and uncle. Today is the 10 month anniversary. February 28th would have been his 50th birthday.
We need to change CA law. A car is a weapon and when not following laws that govern their use, even if you did not intend to kill someone and you do, then there needs to be consequences. It could be you or someone you love next time!
We need guidance on how to change these laws!
Patti McCluskey-Andre
The scary thing is this could happen to any of us. The actions of a careless driver can cause a chain reaction that can put us at risk; I’ve jumped the curb myself to avoid a car careening from a collision.
And if it does, the driver will probably get off. Or face the most meagre of charges, despite the damage he or she may cause.
Patti’s right.
The law has to change to ensure lawbreaking drivers who kill or maim innocent people face consequences equal to their actions.
Because their victims do.
