Former immigration attorney Hasti Fahkrai-Bayrooti, who goes by the name of Hayley, had unexpectedly pleaded guilty to a single felony count of vehicular manslaughter while intoxicated in March of this year.
According to the OC DA’s office, she had a near-lethal dose of Xanax and Suboxone in her system when she ran down Billings’ bike from behind on March 15, 2013, as he rode in a marked bike lane on Santa Margarita Parkway.
My News LA reports that investigators found a bottle of Xanax in her car following the collision; despite being filled just two days earlier, there were already 75 pills missing.
She reportedly ignored several text messages prior to the wreck from friends who begged her to stop driving and sober up. Yet despite claims that she was screaming and “pulling her hair out” following the crash, her first call was to her pharmacist, not 911.
She had faced a possible sentence of 16 months to four years for the conviction. She was also sentenced to an additional three years, to be served concurrently, after being caught with Clonazepam, a sedative used to treat seizures and panic disorder, while she was behind bars.
In addition, Fahkrai-Bayrooti’s license to practice law has been suspended by the California Bar, and stands to be permanently revoked after her sentencing.
My News LA reports that her defense attorney — at least the third one she has had in this case — claimed she had been dependent on prescription drugs since an “early, early age,” and may have early onset dementia as a result.
She expressed remorse at the hearing while pleading for mercy, saying she is no longer in denial about the damage she has caused. Although that denial appeared to be in full force in comments she left on this site just one day after pleading guilty.
A press release from the DA’s office quotes Billing’s wife from the victim’s statements given at an earlier hearing, offering just a hint of the loss her family has suffered.
The victim’s wife said in part, “The void that is left by this tragic and senseless accident is overwhelming. The fact that it isn’t just an accident, but rather an accident committed by one under the influence, is ironic in that Eric never had a drink in his life, would not even take a Tylenol, and would barely take a pain killer after surgery.” She went on to say, “Although I have chosen not to be bitter and have forgiven this woman, I would like her to have consequences for her actions.”
Fahkrai-Bayrooti now faces a long stay in state prison because she didn’t get the help she so clearly needed before she took an innocent man’s life.
Let’s hope she finally gets it while she’s behind bars.
According to the Orange County DA’s office, former OC lawyer Hasti Fahkrai-Bayrooti was found in possession of Clonazepam, a sedative used to treat seizures and panic disorder, on May 13th as she was being held awaiting sentencing.
Something that was supposed to happen today.
However, a source reports from the courtroom that her sentencing has been delayed yet again, much to the distress of the victim’s family.
Apparently, her extremely savvy criminal defense team doesn’t work weekends. Robert Weinberg told Judge Jones that Hasti’s psychiatric evaluation only reached his office last Friday afternoon, and he hasn’t had time to review it. SINCE FRIDAY. In his defense (cough), it’s an extremely lengthy report.
The judge is unwilling to allow for any technicality that would give Hasti any possibility of appeal whatsoever, so he granted the motion to allow the delay. The defense will naturally try to incorporate any pertinent information from the psych eval into his sentencing brief. (Note: The Deputy DA managed to create a very persuasive 25-page brief on the People’s behalf just fine, without any report from the probation department.)
One of Eric Billings’ daughters who’d been unable to speak at the first attempt at sentencing was allowed to speak this morning. She vented, and clearly the judge agrees that she is absolutely right that victims have a right to a fair and speedy trial.
In the hallway prior to the hearing, she was demanding to know who Hasti’s “pharmacist” is, because she wants him investigated, and his license revoked. (When the first witness to approach Hasti after the collision asked if there was anybody she could call, she mumbled something about her pharmacist, and tried to place a call on her cell. Also, her blood drawn more than four hours after the collision indicated Alprazolam [Ed. note: the generic form of Xanax] in an amount that is usually fatal.)
At one point, Hasti attempted, in her meek voice, to speak to the judge, but her lawyer instantly spun around in alarm and shushed her.
The next attempt at sentencing will be June 19th. The DA had a prelim set for that same morning, but rescheduled it because the Billings family has suffered enough during this delay.
Oh yeah, and naturally Hasti pleaded not guilty to the new charge. And she’s not retaining her extremely savvy criminal defense team this time; instead, she has a public defender.
Fakhrai-Bayrooti had entered an unexpected guilty plea last March to a single felony count of vehicular manslaughter while intoxicated for running Billings down from behind as he rode his beach cruiser in the bike lane on Santa Margarita Parkway two years earlier. Billings, described by friends as a loving father and devout Mormon, died at the scene.
She faces up to four years in prison once she’s finally sentenced
In addition to all the other breaking news in this case, the California State Bar suspended the immigration attorney’s license to practice law earlier this week. Chances are that suspension will become permanent following her sentencing, especially in light of the additional drug charge.
Let’s hope the Billings family gets the justice they deserve. And that Fakhrai-Bayrooti gets the help she so desperately seems to need while she’s behind bars.
And that she’s never allowed behind the wheel again.
Before we start, here’s one video you want to watch. Trust me on this.
Go ahead, I’ll wait.
………
Just gotten word that the sentencing of Hasti Fakhrai-Bayrooti in the drugged driving death of cyclist Eric Billings has been delayed due to a technicality.
Fakhrai-Bayrooti unexpectedly pled guilty to a single felony count of vehicular manslaughter while intoxicated last March, and was scheduled to be sentenced to up to four years in prison today. The judge delayed sentencing until June 10th to allow the defense time to review the probation report.
However, he revoked bail and remanded her into custody to be evaluated prior to sentencing.
According to the OC DA’s office, Fakhrai-Bayrooti had Xanax and Suboxone in her system when she ran down Billings’ bike from behind on March 15, 2013, as he rode in a marked bike lane on Santa Margarita Parkway in Mission Viejo.
According to My News LA, Billing’s daughter, who was six month’s pregnant when he was killed, gave birth to a son who will never know his grandfather. And one her brothers is getting married Saturday without a father to stand by his side.
Mark Billings said he too had struggled with addiction, but it was his brother’s unconditional love that helped him overcome his own drug problems.
Eric Billings “was the kind of guy who carried extra shirts and sweaters in his car to give to someone out in the cold,” Mark Billings said.
I’m told the judge wept openly in the courtroom listening to the impact statements from family members. And the court reporter recorded it all with mascara running down her face.
………
Once again, there’s bad news from Ballona Creek.
A rider writing on Reddit reports that he saw another cyclist being robbed by four men on the bike path near the National/Jefferson exit Tuesday evening.
It’s not that the bike path is particularly dangerous. However, just like any other place in the city where you’re out of public view, you have to be alert to the circumstances around you.
If you don’t feel comfortable, wait for other riders to catch up, or go back to the previous exit and ride around the problem area.
Just don’t hold your breath for the police to respond. There’s been an ongoing debate over which police agencies have jurisdiction where on the path.
And riders have complained that 911 operators can’t seem to find it on a map to send anyone, anyway.
While this year’s women’s tour is a big step forward, it’s long past time to let women racers compete on equal terms. And put them on TV, for chrissake.
The Westwood Village Farmers’ Market is giving away a “sleek” new commuter bike from Helen’s Cycles to celebrate the new bike corral on Broxton Ave. Which would be the perfect place to park your bike to attend the Westwood Village Farmers’ Market. I’m just saying.
Speaking of Long Beach, bike ridership is up 21% in the downtown area from 2013, suggesting that the city’s emphasis on building bike lanes is working.
Women are invited to tell their story explaining why you need a new bike, and possibly win one from Pedal Love and Made in Long Beach.
Great idea for a bike ride, as the San Jose Public Library host the Gira de Libro, visiting five of the city’s 23 libraries. Rumor has it that LA has public libraries, as well, though few residents have actually been inside one.
After the local Marin paper refused to even consider the possibility a bike rider might not have been at fault in a collision with an 80-year old woman, it turns out the rider did what he could to avoid hitting her. An estimated 15 to 17 mph sounds way too fast for a narrow bridge shared with pedestrians, though; we need to slow down when passing people on foot, just like drivers should slow down when passing bikes.
A Sacramento bike rider was killed in a collision with a train. By far the easiest type of wreck to avoid, since trains have to travel on tracks and have warning lights, bells and/or crossing gates to tell you they’re coming.
A Mariposa cyclist suffered major injuries when he was left crossed by a motorist; according to the comments, the victim is the principle double bass player for the local orchestra. Let’s hope makes a fast and full recovery.
National
Performance Bicycle is named a Gold Level Bicycle Friendly Business. Then again, if a bike shop isn’t bike friendly, something is seriously wrong.
As we’ve said before, people don’t ride on the sidewalk if they feel safe on the streets, as shown by a new protected bike lane in Honolulu that’s cut sidewalk riding by 65%.
Turns out Chicago’s favorite sport of the late 1800’s wasn’t hockey or baseball. So when, if ever, is that long-rumored Major Taylor movie coming out, anyway?
A UK court is told a cyclist killed in an unsafe pass by his own father’s truck would have survived if he had only been wearing a helmet. Which is impossible to say with any certainty, despite the investigator’s apparent certainty.
A new German safety campaign encourages cyclists to wear helmets, just like Darth Vader. Do they seriously think equating a bike helmet with crossing over to the Dark Side will actually work?
And Bremerton WA police have apparently developed a new technique to stop fleeing drivers by throwing out a bike strip; no word on whether they use roadies, fixies or mountain bikes.
Word is just coming in that an Orange County attorney has been convicted in the DUI death of cyclist Eric Billings two years ago.
According to a press release from the OC District Attorney’s office, Hasti Fakhrai-Bayrooti pled guilty to a single felony count of vehicular manslaughter while intoxicated on Tuesday.
The DA reports the 41-year old Rancho Santa Margarita woman had prescription drugs — including Xanax and Suboxone — in her system when she ran down Billings’ bike from behind on March 15, 2013, as he rode in a marked bike lane on Santa Margarita Parkway in Mission Viejo.
Fakhrai-Bayrooti was apparently unable to plead down to a lessor charge; she was convicted on the same count she was originally charged with, which is unusual in cases that don’t go to trial.
According to the press release, she is currently out on $100,000 bond, and faces up to four years in state prison when she is sentenced on May 8th.
She also faces possible removal from the state bar following her conviction; she has been an active member of the bar since 2005.
Thanks to Edward Rubinstein, and Amy Senk of Corona del Mar Today for the head-up. (And apologies for misspelling Rubinstein’s name at first.)
The Los Angeles Wheelmen are forced to cancel their annual Five County Century after the Forest Service demands a permit to use public roads and rest stops on federal land — even though it had gone on permit-free since 1984.
Despite working out other alternatives, the last straw was the USFS refusal to allow sag wagons to stop on federal roads to aid riders in distress.
Seriously.
Something tells me they’d let a tow truck stop to aid a disabled motorist.
And they’d probably permit an ambulance to rescue riders after they’re forced to keep going despite being at the end of their capabilities because they didn’t have a damn sag wagon to pick them up.
I don’t know if this had anything to do with the recent government shutdown. Or just someone with the forest service who has to visit a proctologist to get a root canal because his head is jammed way too far up his own ass.
I’ve mentioned this project before, but it’s worth noting again. You’ve got just a few hours left to back this Kickstarter project for the virtually theft proof and indestructible new Aviator and Afterburner bike lights from Fortified Bicycle Alliance.
I get a lot of pitches to promote various products, most of which go directly into the trash bin. But this one I really like, with tough, ultra-bright LED bike lights smartly designed by a team of former MIT students.
Afterburner light
Back the project today at a level of $45 or more, and you’ll get one or more of the lights at a discount on the retail price. The Kickstarter is already funded, so you’re guaranteed to get your light(s), with a projected delivery date of next April.
And no, they haven’t promised me anything in exchange for promoting their products.
In upcoming events, the exhibition Ghost Bikes of LA opens at red5yellow7 this Friday, 4257 Melrose Ave. And Trust South L.A. and Community Health Councils are sponsoring a bike ride from Central Ave to Leimert Park this Sunday to promote peace in South LA
Billings was riding a cruiser bike in the southbound bike lane on Santa Margarita Parkway, between El Toro Road and Los Alisos Blvd in Mission Viejo around 6:45 pm on Friday, March 15th. Fakhrai-Bayrooti, who goes by the name Hayley, was headed north on Santa Margarita when she missed her turn onto Los Alisos, and made a U-turn at El Toro Road.
Her car drifted into the bike lane, striking Billings from behind and killing him instantly.
Blood tests revealed that she was under the influence of prescription medication at the time of the collision, which she described to Patch last July as an anti-depressant.
“I’ve had illnesses; I was diagnosed with PTSD, OCD,” she said. “I was diagnosed with manic depression and for those I have to take medication or else (I’m) not going to function.”
And yet, she claims her ability to drive was not impaired by the medication — even though her own description of what happened after her U-turn suggests otherwise.
Next, ”something came into contact with me or I came into contact with something. I don’t know,” she said outside the fountains near Selma’s in RSM.
Her car wouldn’t stop, she said.
“I tried so hard to stop that car,” she said, gesturing as if she were holding a steering wheel and slamming on the brakes. ”The wheel was out of my control. The brake was out of my control.”
Apparently, the car developed a mind of its own, seizing control and running down an innocent victim while she sat helpless behind the wheel.
Yeah, that could happen.
And despite having just made a U-turn, she somehow hit the 54-year old father of four with enough force to kill him instantly; Billings was pronounced dead as soon as rescuers arrived at 6:48 pm.
It wasn’t her first driving infraction; she had previously been charged with speeding over 65 mph and using a hand-held cell phone while driving; no word on whether her car was responsible for those infractions, as well.
Fakhrai-Bayrooti describes herself as devastated by the collision, dropping her legal practice and leaving her car in the police impound lot. She also reports being so depressed that she attempted suicide the week after the collision by taking “everything in the medicine cabinet.”
On the other hand, I doubt her victim’s family took it very well, either. Although, as a devout Mormon, Billings probably would have forgiven her if he could.
However, the Orange County District Attorney’s office doesn’t seem to be so willing to turn the other cheek.
She has been released after posting $100,000 bail.
…I feel bad for this woman. She had a need for a prescription, and it didn’t impair her or cause her to hit the cyclist. I take thyroid medication; if I get into a car accident, will I be arrested for the same thing? And after reading her blog about the accident, poor thing seemed like she had suffered enough for what she did.
So let’s be absolutely clear.
If your medication affects your ability to drive, then don’t. If you even think you might be impaired, you have both a legal and moral obligation to stay the hell off the road.
Despite the excuses we give ourselves, no one has to drive. And no one has a God given right to be on the roads — especially not when medications or other health factors may make them a danger to others.
If you make a decision to keep driving despite the effects of your medication, you can and should be held accountable for whatever happens as a result. And just because someone denies being impaired, that doesn’t mean they weren’t, as Fakhrai-Bayrooti’s description of the collision suggests.
She may have needed her prescription to function, but should have known it could affect her ability to operate a motor vehicle; there is a reason for those warnings that accompany prescription medicines.
Now a man is dead, and a family forever shattered.
And a woman faces charges for a fatal collision that has left her depressed.
But for which, by her own description, she still hasn’t taken responsibility.
Update: The LA Daily News reports Fakhrai-Bayrooti had two drugs in her system at the time of the collision — anti-anxiety drug Alprazolan, and Buprenorphine, which the paper says is used to treat opiate addictions.
Both medications contain warnings that they can cause drowsiness and dizziness, and not to drive until you know how they affect you. According to the Drugs.com link above, combining the two medications can cause severe drowsiness, as well as severe breathing problems and increased risk of seizures.
Update 2: There have been a few comments, as you can see below, accusing me of bias in this case and demanding changes to this story.
I stand by everything I have written. However, just to be clear, I am not prejudging this or any other case; my comments are based on what has been published in the press, including comments from the DA’s office.
Fakhrai-Bayrooti has been charged, but has yet to be tried or convicted. My hope is that she receives the justice she deserves, whether that is conviction or exoneration.
But I repeat, there is no excuse, ever, for driving under the influence of drugs or alcohol — including prescription medications — that may prevent you from safely operating a motor vehicle.
If you have to take something, then get someone to drive you, find another means of transportation, or stay home.
No word on how the wreck happened, or any identity on the victim or driver. The paper reports the victim was pronounced dead at the scene, and that the driver remained onsite following the collision.
A satellite view shows what looks like a ridable shoulder in both directions. However, there’s no indication of which direction the rider was going or where the rider was positioned on the roadway.
This is the eighth bicycling fatality in Southern California this year, and the first in Orange County, which averaged more than one death per month for each of the past two years.
Update: The Orange County Register has identified the victim as 58-year old Eric Billings of Rancho Santa Margarita; he was pronounced dead at 6:48.
According to the paper, Billings was riding in a designated bike lane, rather than a wide shoulder as I had assumed from the satellite photo, when he was struck by a 2003 Acura driven by 39-year old Hasti Fakhrai-Bayrooti.
Mission Viejo Patch places the location as 300 yards south of El Toro Road near Trabuco Hills High School. The site says both the driver and victim were headed southbound on Santa Margarita, suggesting Billings was struck from behind. Alcohol does not appear to be a factor.
What does appear to be a factor is a surface street designed for excessive speed, where drivers typically exceed the already too high speed limit by double digits, and an unprotected bikeway in which a few inches of paint is all that separates riders from those speeding vehicles.
Or as appears to be the case here, doesn’t.
Witness reports from the SoCal Trail Riders forum said the victim appeared to be riding a beach cruiser, which was badly mangled in the crash, and that skid marks from the car extended up onto the sidewalk.
My prayers and sympathy for Eric Billings and all his family and loved ones.
