Tag Archive for DUI

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

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.

Update: Cyclist killed in Agoura Hills DUI hit-and-run

It’s bad enough when someone is injured or killed on the streets because of what we euphemistically call accidents.

If everyone obeyed the law and used the roads safely, there wouldn’t be any accidents.

But worse still is when someone gets behind the wheel of motor vehicle after drinking or using drugs — or willing operates their vehicle in any other impaired or distracted manner — and takes the life of another human being as a result. And worse still, flees the scene, leaving a total stranger to die in the street.

According to the Ventura County Star, S.D. Whitmansegal did exactly that when she collided with a bike being ridden by 46-year old James Laing of West Hills; earlier reports indicated the then-unidentified victim was 30 years old.

The Star reports that Whitmansegal was followed by witnesses to a nearby parking lot where she was arrested on charges of hit-and-run, vehicular manslaughter and driving under the influence.

My prayers and condolences go out to James Laing’s family, friends and loved ones.

And don’t ask me what I think about someone who could do something like this. I wouldn’t like the answer I’d give right now.

Then again, she may find the real punishment will be trying to live with herself after this.

Thanks to the Ventura County Star for following up as more information became available.

Update: A few other details are slowly coming in. According to the L.A. Times, both Laing and Whitmansegal were both traveling east on Agoura Hills Road.

Meanwhile, the Star reports that Laing struck the side of Whitmansegal’s car and was thrown onto the road. When the case goes to court, the defense will undoubtedly claim it was a SWSS and that Laing swerved into the car for no apparent reason; hopefully the witnesses who tracked the driver down saw what happened.

And the Agoura Hills Patch inexplicably identifies the driver as Stephanie Segal of Woodland Hills, despite a police report identifying the driver as Whitmansegal.

Update 2: Bob points us towards a report on KCBS-2 that identifies the driver as Stephanie Segal, and says she is currently being held on $250,000 bail. The Associated Press confirms that S. D. Whitmansegal is also known as Stephanie Segal.

Laing is the 13th cyclist killed in Southern California in the last five weeks, and the 13th since the beginning of August.


DIY police work leads to meager charges — and dangerously written laws

A popular L.A. cyclist thinks he knows why the driver who hit him ran.

And he knows who it was.

Maybe you know Roadblock. It’s almost amazing how many L.A. area cyclists do, and just how highly they regard him. But then, as one of the city’s leading bike activists and an original founder of the Midnight Ridazz, it’s pretty easy to understand why.

Or maybe you read about his recent biking accident, when the story of how he got run down by a hit-and-run driver made waves in the local online and cycling communities.

Fortunately, he’s okay, aside from a complaint about lingering back pain. In fact, when I ran into him the other night — figuratively, not literally — he looked good.

But it could have been much worse.

He was hit from behind at high speed, and carried several yards on the hood of the car before the driver applied the brakes and he was thrown off onto the street.

And then, as so often happens, the driver gunned his engine and took off, disappearing into the night. In fact, at least four cyclists in the L.A. and Orange County area have been killed by hit-and-run drivers this year alone; Santa Clarita held a Ride of Silence this past Saturday to commemorate the most recent cyclist run down by a drunken runaway motorist.

Fortunately, he somehow managed to get a partial license plate as he lay in the street. And that’s when L.A.’s Department of DIY sprang into action once again.

Overnight, signs sprang up seeking witnesses. Back channel contacts identified the owner of a suspect vehicle. A little detective work led to a local auto body shop, where photos were taken of the car as it was being repaired.

And in less than 48 hours, the suspect was identified to the police and the legal process was in motion.

Roadblock wants to keep the driver’s identity to himself for now, until the legal process is further along. But he says it’s someone well known in city circles, who certainly should have known better — and acted differently.

He also has a theory — which, due to the delay in finding the suspect, is likely to remain nothing but speculation — that the driver had been drinking. And that’s probably why he ran.

Evidently, the driver’s gamble paid off, since Roadblock had the good fortune to escape with relatively minor injuries, so the driver will escape with relatively minor charges.

Under California law, a hit-and-run that doesn’t result in injury is a misdemeanor, punishable by up to six months in county jail, and/or a fine of up to $1000. And the authorities seem to feel that the sort of soft-tissue injuries Roadblock suffered don’t count, despite lingering pain and stiffness nearly five months later.

If the collision had resulted in a few broken bones, the penalty would be up to a year in jail, with a fine up to $10,000; a hit-and-run resulting in death or serious, permanent injury could bring up to 4 years in state prison.

And that’s the problem.

Existing law actually encourages intoxicated drivers to flee the scene of a collision, because the penalties for drunk driving resulting in injury or death can be far more severe than the relatively minor penalties for running away.

In fact, according to the Driver’s Handbook published by the DMV, a DUI case involving serious injury or death can be prosecuted under the state’s Three Strikes Law, potentially resulting in life imprisonment. Which makes the maximum penalty of four years for running away pale in comparison.

And relatively minor charges like hit-and-run are often dropped or plea-bargained away before a case ever comes to a resolution.

So for a driver who’s had a few drinks, fleeing the scene offers a reasonable gamble that they may get away with it. Or at least have time to sober up before getting caught.

And that has to change.

The penalties for hit-and-run have to be increased, until they’re strong enough that no one would ever consider leaving the scene of an accident.

Because this epidemic of drunken hit-and-runs has to stop. And our government has to stop encouraging it.

………

Santa Monica authorities insist it’s safe to ride through the city even if you don’t have a license, despite what the law says. L.A.’s bike culture captures yet another convert. A motorist in Sun Valley is in desperate need of a better bike rack; if your bike is missing, this might be your prime suspect. An upcoming photo exhibition profiles Angelenos who somehow survive sans cars. The paparazzi catch Sharon Stone bike shopping with her kids; the unidentified store looks like I. Martin to me. Joe Linton lists Long Beach’s leap to livability. In Chicago they even bike for cocktails; how civilized. An S.F. paper asserts cycling steers fashion, and that cars and bikes can, in fact, coexist. New York gets the kind of center median cycletrack we can only dream of. A Florida cop tases a fleeing cyclist before running over and killing him. Lego cyclists can be put back together; real ones can’t. Ex-framebuilder Dave Moulton explains the bike’s evolution away from the wheelbarrow effect. Edmonton police are on the lookout for a biking people-basher, while Toronto cyclists look hotter in a helmet. Finally, the Times touches briefly on last Friday’s David Byrne panel discussion; look for my take Wednesday on Streetsblog.