Tag Archive for hit-and-run

Fighting back against hit-and-run in L.A., and a tree points the finger at the car that killed it

March 1, 2012 / / 6 comments

Not all victims of hit-and-run are human.

Hit-and-run is a serious problem in L.A.

And from what I’ve seen, pretty much everywhere else, too.

According to LAPD statistics, a driver flees the scene in a staggering one out of every three reported collisions in this megalopolis we call home.

Last year alone, the city saw 18,819 hit-and-run collisions. That includes 36 cases where someone — another motorist, a cyclist* or pedestrian — was left to die in the street. Along with another 134 people severely injured and 852 with less serious injuries.

I have my own thoughts on how to address it at a state level. Like automatically revoking the license of anyone who leaves the scene of a collision. And impounding the vehicle as evidence pending a trial — then seizing and selling it upon conviction, with any proceeds going to the victim.

After all, you don’t let a bank robber keep the gun he used.

State law already allows a car to be seized by the state if it’s used to solicit prostitution. And isn’t leaving a victim bleeding in the street a little serious than trolling for a blowjob?

Meanwhile, writing for KCET, L.A. bike advocate Don Ward — better known as Roadblock — has his own thoughts on how to address it on a local level.

  1. Elevate the status of hit-and-run against cyclists and pedestrians to that of assault, regardless of the severity of the injury.
  2. License numbers must be run immediately, and a patrol car deployed to the owner’s home to gather evidence.
  3. Saying “I didn’t see them” should be an admission of guilt, not an excuse — especially when it involves a pedestrian in a painted crosswalk.
  4. Speed limits must be enforced by all means possible.

He’s planning to take it up with the L.A. Police Commission at their next meeting at 9 am Tuesday at police headquarters, 1st and Main Street, across from Downtown City Hall. Ward is asking cyclists to meet him at the Starbucks one block east of police headquarters at 1st and Los Angeles Street before the meeting to discuss strategy.

You may think you have more important things to do that day.

But chances are, you don’t.

Especially if you don’t want to find yourself lying in the street one day, watching the car that hit you speed off into the distance.

*LAPD stats show four cyclists killed in hit-and-run collisions in 2011, while my records show three out of the city’s five cycling fatalities were hit-and-run.

……..

The key to solving any hit-and-run is identifying the driver.

But sometimes, it’s a little easier than others. Especially when the victim grabs the license plate of the vehicle that killed it.

Photos courtesy of the LACBC's and CicLAvia's Bobby Gadda

Category: Advocacy & Politics, Bicycle Safety, Bikes & the Law, Law Enforcement / Tags: , , , , ,

Two killer drivers — one stays at the scene and gets four years, one flees and gets no jail time

February 29, 2012 / / 2 comments

So let me get this straight.

A woman with 16 previous tickets runs down a cyclist while texting and drunk, and gets off with just four years.

Evidently, Danae Marie Miller got an early birthday gift. Although I’m sure she doesn’t think so.

Miller plead guilty on Tuesday to a single count of felony vehicular manslaughter with gross negligence while intoxicated. She had been facing a maximum sentence of 10 years in state prison; she accepted a plea deal for less than half of that.

Her victim, Amine Britel, a world-class triathlete as well as a popular local businessman, was riding in the bike lane on San Joaquin Road just east of Spyglass Hill Road in Newport Beach last February 21st when he was run down from behind by Miller’s car — just one year and one week from the day of her sentencing.

Why she was even on the road that night is question our lenient traffic courts will have to answer. Or would, if anyone was paying enough attention to ask the right questions.

In the six years between 2005 and 2011, Miller received six tickets for speeding or driving too fast for conditions, as well as tickets for driving the wrong way on a one-way street, failure to stop at the stop sign and two tickets for talking on a cell phone while driving.

A record like that should have been more than enough to get her off the road. If the courts had actually taken her obvious refusal to obey basic traffic laws seriously, a gifted athlete might still be alive today.

Instead, she was allowed to keep driving until she killed someone. Now her license has finally been revoked for three years as part of her sentence.

Just a tad too late, I’d say.

Despite initially claiming that she hadn’t been drinking, Miller had a BAC of over .10 nearly two hours after the collision after getting off work at the Zinc Café in Corona del Mar. And despite claiming that she never texts while driving, records showed that she had been texting just moments before killing Britel — though not, apparently, when she actually hit him.

Evidently, you’re not considered legally distracted unless you text WTF! at the exact moment you kill someone.

According to an anonymous source who attended the sentencing, the real surprise was that the two families seemed to be supportive of one another at the conclusion of the case, despite earlier anger.

The surprise in the Miller case is that the families, Miller’s and Britel’s, were amicable after the sentencing, talking with each other in the courthouse hallway. After the daggers I saw fly at Miller from the two members of the Britel’s family who had shown up at the prelim last December, I certainly would never have expected this, especially after the oral impact statements provided to the judge before sentencing. Miller’s family, however, had been very supportive of her, showing up at all her court appearances, so maybe this support will give her a shot at redemption, a chance to be a useful, productive, harmless member of society in the future; even Britel’s family seems to be hoping for this.

We can hope.

Danae Miller is just 23 years old, and spent Tuesday night in the Orange County Jail pending transfer to state prison. With good behavior, she could be back on the streets in a few years.

Whether she will have learned her lesson by then remains to be seen.

Her birthday is in a few weeks; she’ll celebrate it behind bars. Hopefully, she’ll appreciate the early gift she got in court on Tuesday.

Thanks to Jeffrey Fylling and David Huntsman for the heads-up.

Update: I neglected to mention that two civil suits have been filed against Miller for the death of Amine Britel; they were recently consolidated into a single case.

……..

In yet another example of our courts coddling killer drivers, the same anonymous source tells me that Renato Demartino entered a surprise guilty plea on Tuesday for the hit-and-run death of 22-year old Marco Acuapan.

Acuapan was also riding in a marked bike lane, on Walnut Avenue near Browning Avenue, on November 17, 2010 when he was rear-ended by red 2010 Mustang. The driver, later identified as Demartino, fled the scene, leaving his victim lying in the street with severe head injuries.

Acuapan was taken to a hospital in critical condition, where he remained in a coma until his death last April.

According to my source, Demartino was sentenced to just two years in state prison. And even that was stayed, meaning he is unlikely to spend a single night in jail.

Thankfully, his license was revoked for three years, since the court saw fit to let him out.

Seriously, he killed a man and fled the scene. And didn’t even get a slap on the wrist for heartlessly leaving another human being to die in the streets.

May I politely ask what the f*** is wrong with our legal system?

……..

One brief bit of good news.

The County of Los Angeles now has a shiny new bike plan, as the Board of Supervisors passes it on a vote of four to zero; Supervisor Mike Antonovich abstained because of questions about funding the plan.

And a planned Altadena bike boulevard was given teeth when the Supervisors voted to require traffic calming measures, rather than merely allowing as called for in the plan.

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

13-year old girl critically injured in OC hit-and-run; Tour of California press conference in Beverly Hills

February 8, 2012 / / Comments Off on 13-year old girl critically injured in OC hit-and-run; Tour of California press conference in Beverly Hills

A 13-year old girl was critically injured in yet another Southern California hit-and-run when she was run down in a Santa Ana crosswalk on Monday.

She was riding north on Greenville Street when she was hit by a vehicle travelling west on Warner Avenue at 7 p.m. The jackass who hit her — and I use that term advisedly — kept going without making any attempt to stop, leaving it to bystanders to attempt to offer aid and comfort as she lay bleeding in the street.

Do I really need to mention what I think should be done if they ever catch the jerk?

Anyone with information is urge to contact the Santa Ana Police Traffic Division at (714) 245-8214.

……..

Actor Patrick Dempsey, and pro cyclists Dave Zabriskie and Tom Danielson will hit Beverly Hills Wednesday morning for a press conference for the Amgen Tour of California.

Do I really need to point out the irony the Westside’s least bike-friendly city — with not one inch of bikeway anywhere within the city limits — hosting the nation’s biggest professional race?

No, I didn’t think so.

But maybe Patrick, Dave and the gang will stop by tonight’s Bike Up! LA benefit for the California Bicycle Coalition while they’re in town.

……..

A road raging driver runs a young L.A. cyclist — and afterwards, says he’s glad he did.

In 1908.

Sad how some things never change.

……..

Roadblock asks what will it take to create safe streets in L.A. — and offers advice on how to ride safely in the meantime. LACBC’s highly successful City of Lights starts a youth program on the Eastside. Matthew Ruscigno explains how to travel fast and light on your next bike tour. Gary writes about exception bike writer and advocate Elly Blue. LADOT is testing surfaces for the Spring Street green bike lane to find one that will stick around for awhile. Better Bike looks at the laws governing cycling in California, and says you’ve got 30 days to convince the Westside COG to make it more ridable. Learn how to maintain your bike for just $10 in Santa Monica. An unnamed 22-year old Lancaster man is killed while riding without lights in Butte County.

A Santa Rosa runner suffers a broken skull when she turns in front of a passing cyclist who fled the scene; and yes, while it’s up to the runner to make sure the way is clear before turning around, a hit-and-run cyclist is every bit as much of a schmuck as a hit-and-run driver. A Santa Barbara cyclist wants to thank the people who came to her aid — and talk to the driver who failed to see her in the bike lane. Kern County could get a new bike master plan. An Orange County cyclist is awarded a $6 million settlement following a 2009 collision with a John Wayne Airport shuttle bus.

Engineering streets to improve health. Looking at Lance Armstrong as the fallen hero of a Greek tragedy. Biking non-profits are doing well despite the bad economy. An advice columnist explains why cyclists should ride with traffic. Las Vegas’ very own Gran Fondo will start on the Las Vegas Strip the day after Interbike, and offer a ride over the Hoover Dam. Organizers of a Denver century ride drop a requirement that riders reveal their income in order to register; gee, who could possibly object to that? Houston cyclists are being harassed by a man in a black Honda. A Philadelphia driver faces charges for running down a rider while high on drugs — the day after he was arrested following a three-car collision. Dave Moulton’s legendary Fuso frames are about to be born again.

The Telegraph’s London Editor says the vast majority of British cycle lanes are either totally pointless or actively dangerous, but the carnage claimed by some simply isn’t real; meanwhile, a writer for the Evening Standard says he gave up cycling because it was too dangerous — but blames other cyclists, as well as bad streets. A British father uses cycling to fight back from brain cancer; thanks to Ed Cable for the heads-up. London cyclists may get a jump on other traffic at red lights, while Paris cyclists get permission to go through red lights.; thanks to David Huntsman for the link. Odd math, as Alberto Contador is banned for two years but could be back racing by August, which seems somewhat less to me. New Japanese road markings tell bike riders where to go.

Finally, BMC phenom Taylor Phinney has a discussion with his body; evidently, the guy is as funny as he is fast. And I wish I had this T-shirt when I still lived in Colorado.

Category: Bicycle Safety, General, Injuries and Fatalities / Tags: , , , , , , , ,

Update: 3 cyclists hospitalized after Seal Beach DUI hit-and-run; Palms Desert cyclist critically injured

February 6, 2012 / / One comment

Over the weekend, I heard numerous reports of a bad hit-and-run collision on PCH in the Seal Beach area Saturday morning.

It wasn’t until Sunday night, though, that I received an email from a member of Long Beach’s Lightning Velo bike club confirming that three cyclists participating in the club’s Saturday Social Ride had been sent to the hospital with moderate to serious injuries.

Fortunately, none were life-threatening, and the driver was quickly apprehended; I’m told this was her 2nd DUI offense.

From the reports on our email group – Our ‘C’ group (the slower group) was on Pacific Coast Highway on Saturday, in Seal Beach, near the Taco Surf going into Sunset Beach.  The bike lane is very wide there and our group was riding 2 wide completely in the bike lane. A driver swerved into the bike lane and hit several riders and then swerved back to the left and drove away from the scene. The group got a good description of the car and also had the side mirror in their possession. They reported it to the Seal Beach police, who spread the word and the Huntington Beach police were able to locate the car.  The police went back and got two of our riders to identify the vehicle. The driver failed a sobriety test (This was before 10AM!).

One of the cyclists involved stated today: “The Seal Beach police officer, Joe Garcia, is going to bring me my bike today, which is supposed to be in pretty bad shape. The officer stated that the driver was not only drunk, but she had cocaine and prescription meds in her car to go along with her two felony warrants and the hit and run. The case # is: 12-0246, in case anyone would like it.”

Three of our riders went to the hospital and two stayed overnight.  One reportedly had elbow surgery for a bad break. Another has a severe bruises & road rash all over, sprained elbow & ankle, neck & head trauma, and a concussion. The 3rd has a broken right thumb, hairline fracture of the pelvis, a large hematoma on his right hip, road rash, pain in his neck & back. All in all, they are VERY lucky to be alive.

We are discussing as a club how we can take our concerns to the justice system. This person should be taken off the roads.

It’s long been my belief that every hit-and-run driver should automatically lose their driver’s license — not suspended, but permanently revoked, since they’ve shown themselves unfit to be behind the wheel by failing to observe one of the most basic legal requirements for any driver.

Or any human being, for that matter.

I think any car used in a hit-and-run should be impounded as evidence until a trial is held. If the driver is convicted, the vehicle should be seized by the state and sold, with the proceeds going to the victim.

After all, we don’t let bank robbers keep the gun they used to commit the crime. And California law already allows seizure of a vehicle if it’s used in a drug crime or to solicit a prostitute.

Isn’t a hit-and-run that leaves an innocent person bloodied or dead in the street just a little more serious than asking a hooker for a blow job?

My prayers and best wishes go out to all the cyclists injured in this case; it was a large hematoma that laid me up for three months after the Infamous Beachfront Bee Encounter, and it was at least that long before my head finally cleared from the effects of the concussion I suffered.

So I know just how serious those injuries can be.

And I wouldn’t wish road rash on my worst enemy.

Update: An anonymous source identifies the driver as Juli Ann Brown. Brown reportedly was convicted of two separate DUI counts in 2003, one for drug use and another for a blood alcohol level greater than .08. In a sign of just how lenient  the courts are in what should be a serious crime, she was sentenced to just 10 days in jail — which as then stayed — 90 days of driving restriction, and fines and restitution. In addition, she was required to attend a nine month alcohol treatment program and a MADD victim impact panel.

In other words, not one day in jail. And she had her license back in just three months.

No wonder people continue to die when the courts refuse to get drunks off the road.

The Seal Beach Police Department is looking for more witnesses; contact Officer Joe Garcia directly at (562) 799-4100, ext. 1649

Update: The Orange County Register reports that Brown, a 46-year old resident of Anchorage, Alaska, has been arrested on suspicion of hit-and-run, suspicion of driving under the influence and possession of narcotics. She was arrested by Huntington Beach police near the intersection of PCH and 17th Street in Huntington Beach. Thanks to Duan Dao for the link.

……..

In related news, a Palm Desert cyclist was sent to the hospital in critical condition after a collision at Portola Avenue and Frank Sinatra Drive at 11:18 Sunday morning; no other information is available at this time. Also, a San Diego cyclist suffered a serious arm injury when he was hit by an 85-year old driver in a left cross around 1:20 pm Saturday.

And I’ve received an unconfirmed report — from a very reliable source — about a cyclist struck by a hit-and-run around 6 am Friday in Laguna Beach; let me know if you have any information.

……..

The call for bike safety inspired by the Times of London spreads, with a must-read letter from a business writer for the Independent to UK Transport Minister Mike Penning.

I should say, Mr Penning, I am also a motorist – or at least I was before I was seriously disabled by that tanker. And I can tell you that, as a motorist in London, the thing I’m afraid of is other motorists, not cyclists. That is because other motorists can hurt me even when I’m in a car. And when I’m on a bike, they can kill me.

Meanwhile, a New Zealand paper calls for taking cycleways — and cyclists — seriously.

Cyclists, in particular those who commute, are not obscure oddball hobbyists; they are the trailblazers of a transport future whom we should applaud and accommodate.

And be careful what you wish for — the new call for bike safety could go a little too far.

……..

After dragging his name through the mud for the past several years, we’ll never know the truth after federal investigators drop their investigation into seven-time Tour de France champion Lance Armstrong. However, even though US cycling officials welcome the end of the probe, the doping investigation may go on.

But do we really care?

Then again, by the time you read this, we may finally know the outcome of the Contador clembuterol-tainted meat case. Or not.

Update: In a major shock, Alberto Contado has joined Floyd Landis in being stripped of 2010 Tour de France title, and has been banned for two years. Très surpris!

……..

The Westside Cities Council of Governments wants your opinion on closing gaps in Westside bikeways. Rick Risemberg writes in praise of the new Main Street road diet and bike lanes in Venice, and suggests turning bus benches into bike racks. How can we stop bike thefts when police are doing the stealing? More grants for environmental projects — including bike paths — goes to NorCal than SoCal. Pomona plans a ciclovia of their own.

Frank Peters of cdmCyclist takes a ride up the coast. A San Diego cyclist may never walk again after he was run down by a 76-year old driver who never knew she hit him. Some schmuck fled the scene after running down three girls walking on a Ventura County bike path. Police say 70% of people killed in Petaluma in the last 25 years have died from traffic collisions, and 30% from criminal attacks; evidently, no one ever dies from accidents or other causes in Petaluma.

This year’s Ride the Rockies will travel 442 miles across the Colorado high country through two national parks, five mountain passes and the highest continuous road in the U.S. An Amarillo banker fights bikeway improvements in the city. A Louisville KY family moves two-and-a-half miles to a new home by bike. A Baton Rouge engineer says it’s time to put the brakes on the bicycling movement, and blames a biased liberal press for pushing it; an LSU Ph.D candidate seems a little more rational. Pennsylvania’s Governor signs a four-foot passing bill into law, unlike California’s governor who doesn’t seem to think we deserve three. A 79-year old PA woman gets a whopping $500 fine and six months suspended license for killing a popular Bethlehem bike advocate. A New York writer says it’s time to stop accepting the culture of traffic deaths. Writing in Bicycling, a copy editor for the Washington Post says you can’t trust other people to do the right thing. In a heartbreaking story, a 68-year old South Carolina man is killed while riding a tandem with his wife.

An Ontario study shows you’re three times more likely to have a collision in a roundabout than a signalized intersection — but three times less likely to be injured if you do. Ottawa authorities throw the book at an alleged drunk driver who critically injured a cyclist. Even so, cycling may make you a happier person. Some Japanese cyclists will be forced from the roads and onto a bike path. Eight years later, a daughter complains about the lack of justice in a notorious hit-and-run case that took the life of her father.

Finally, a great photo of a cyclist walking his bike through the weekend blizzard in the plains states.

Category: Bicycle Safety, Injuries and Fatalities / Tags: , , , ,

Breaking news — Dominique and Stephen Rush accept a plea deal in hit-and-run death of Alex Romero

January 28, 2012 / / 9 comments

Big news on the legal front.

According to courtroom reports from cyclist and attorney Dj Wheels, Dominique Rush, the driver charged with the hit-and-run death of 17-year old cyclist Alex Romero, will spend the next few years behind bars.

Wheels, who was in the courtroom for today’s preliminary hearing, reports the 23-year old Rush entered a plea of No Contest to charges of gross vehicular manslaughter and hit-and-run.

Her father, Steven Rush, also entered a plea of No Contest to being an accessory after the fact for his efforts in helping his daughter cover-up her crime.

Romero was riding north along De Soto Avenue with a friend on the night of April 20th when he was struck by a speeding car near the intersection with Valerio Street. The driver, later identified as Rush, reportedly tried to pass another vehicle on the right, striking Romero’s bike from behind and killing him instantly before speeding off without stopping or slowing down.

That began a months-long investigation in which the police soon identified Rush as the suspect, but were unable to find the 2003 Toyota Corolla she’d been driving at the time.

According to the police, that difficulty was due, at least in part, to her father’s efforts. As KNBC-4 reported at the time of the arrest,

“The father went way beyond taking care of his child,” said Capt. Ivan Minsal of LAPD Valley Traffic Division. “He concealed the information. He concealed the car that his daughter, the driver, was driving.”

Now they’ll both have to pay for their crimes.

Wheels reports that Dominique will be sentenced to two years and eight months in prison on March 6th, while her father will receive 10 days in jail, along with 30 days on a Caltrans road crew.

I hope he works on a roadway where he’ll have to watch a lot of cyclists go by.

And yes, that sentence is a relative slap on the wrist for running down another human being and leaving him to die in the street where he fell. Maybe someday someone can explain to me how anyone could do that to another person.

Anyone with a heart, anyway.

But it may be the best prosecutors could do under the circumstances.

The fact is, this is one case the police didn’t give up on. Maybe it was pressure from the cycling community. Or maybe it was dedication to their jobs, and a commitment to keep going until they had the guilty party behind bars.

The LAPD investigators in charge of this case kept at it long after they could have given up and pushed it off the back burner. And long after many of us had given up on this case.

That they didn’t says a lot about them.

And the gratitude we all owe them on Alex’ behalf.

Wheels reports that his aunt Matilda addressed the court, saying Alex was a precious gift from God, and asking Dominique to repent. He says Dominique cried during the aunt’s comments, while Steven was tearful but composed.

I’m sure they’ll shed more tears in the days and years to come.

But it won’t begin to compare with the tears that have already been shed by Romero’s family and friends.

……..

A couple other notes from Dj Wheels.

He reports that Jeffrey Ray Adams, the road raging driver charged with intentionally cutting off a cyclist in Santa Monica — then ranting about it as the camera rolled — had a preliminary hearing last Friday. The court found there was enough evidence to take the case before a jury; he’ll have a felony arraignment in a couple of weeks.

And a restitution hearing was held Tuesday in the case of Jaclyn Andrea Garcia, the underage driver charged with nearly killing cyclist Adam Rybicki last April when she collided with a group of Sunday morning riders while still drunk from the night before.

She may have gotten off with a slap on the wrist at her sentencing. But the judge lowered the boom in assigning restitution, ordering Garcia to pay $16,162,239.24.

Yes, that’s 16 million, one-hundred-sixty-two-thousand, two-hundred-thirty-nine dollars. And twenty-four cents change.

On top of that, she was ordered to pay 10% annual interest until the amount is paid in full.

Although I suspect they might be willing to write off that last 24 cents.

Which means that unless she’s phenomenally successful, Garcia will likely be working for the Rybickis for the remainder of her life. And that is a heavy price to pay for a night of youthful stupidity.

Yet it doesn’t begin to make up for what Garcia has put Adam Rybicki and his family through.

Speaking of Adam, Jim Lyle sends word that he continues to make slow, steady progress in recovery from his injuries. And that he’s back on a bike — even if it is a stationary bike in rehab.

That’s a lot more than most of us would have expected — or even dared to hope — just nine months ago. He’s clearly one tough, determined guy, with a support circle that refuses to give up.

I hope you’ll join me in offering my best wishes and prayers for Adam and his family for a full recovery. 

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

BOLO Alert: LAPD looking for hit-and-run driver who seriously injured cyclist in West L.A.

January 24, 2012 / / 7 comments

I just received an email from LAPD Sgt. David Krumer asking cyclists to be on the lookout for a speeding hit-and-run and run driver, who fled the scene of a serious collision last month, and left a cyclist with life-altering injuries.

The victim of a hit and run (car vs bicycle) on December 13, 2011 (case #110 718 955) as riding southbound on Curson crossing Pico with a fully green light. He was hit by a car traveling westbound on Pico at 40 to 50 miles an hour. He was thrown across the intersection and suffered broken bones in the hand and wrist as well as a fractured tibia and a torn PCL in the knee. The driver never braked or turned away. The injuries sustained are life changing and have confined the victim to a wheelchair for at least a few more months.

SUSPECT VEHICLE: 2007 Mercedes CL 550, 2Dr, CP, dark gray, California Lic Plate 6EGY041

SUSPECT: Male Black, Short Black Hair, late 20’s

Anyone having information about the driver of suspect vehicle, or was a witness to the accident is asked to contact the Los Angeles Police Department West Traffic Division, Investigator Fischer at:

4849 W. Venice Blvd. LA 90019, Phone number (213) 473-0229 or
West Traffic Division Watch Commander, Phone No. (213) 473-0222

Let’s keep our eyes open and catch this son of a bitch before he kills someone.

Category: Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities, Violence & Crime / Tags: , ,

Killer hit-and-run driver who hid in bushes faces six years; swift justice in Monrovia

January 13, 2012 / / 2 comments

The bike justice beat goes on.

It wasn’t that long ago that drivers who killed or maimed cyclists seemed to drive off with barely a slap on the wrist. But lately, there seems to be a steady drumbeat of convictions, even if some drivers still get off far too easy.

Maybe that speaks to the pressure we’ve been applying in our demands for justice.

Or maybe it just speaks to the unacceptably high number of serious cycling cases currently clogging the courts. Or the sheer idiocity of those behind the wheel.

Case in point, Julianne Elyse Thompson was convicted after pleading guilty in a bizarre case in which she ran down and killed 64-year old Arthur John Jacobs in Carlsbad. Then fled the scene at high speed, only to be discovered hiding in the bushes across from an apartment complex where she’d abandoned her car.

Thompson plead guilty to charges of gross vehicular manslaughter while intoxicated and hit-and-run causing death. Her blood alcohol level was measured at 0.25 after her arrest — over three times the legal limit, and approaching the level that can cause death.

She is expected to be sentenced to a well-deserved six years in state prison.

……..

In a case of remarkably swift justice, a driver has already been convicted in a Monrovia hit-and-run that occurred just this past Monday.

Yes, Monday.

Jason Travers was arrested about an hour after a 5:42 pm hit-and-run that left a cyclist with non-life threatening injuries. The 25-year old rider, identified as Paul Tetu, was hit from behind while attempting to make a left turn, and thrown 20 feet through the air.

In a sign of the sheer stupidity demonstrated by some drivers — especially those foolish enough to flee the scene of a collision — Travers called police to report he may have been in a collision, after apparently seeing the story on the news. But swore he wasn’t the one who hit the cyclist.

Needless to say, police investigators found evidence connecting him to the crime. Which they may never have found if Travers hadn’t attempted to craft a case of implausible deniability.

He showed much better judgement at his arraignment on Wednesday, entering a plea of No Contest to the hit-and-run charge; sentencing will take place next month.

……..

Finally, Orange County deputies stopped cars in an effort to find the hit-and-run killer of Randy Isaacs, as his family pleads for justice.

Isaacs was killed after putting his children to bed at his parents house, while riding his son’s bike a few blocks to the room he was renting after separating from his wife.

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

Stephanie Segal pleads No Contest in last year’s Agoura Hills death of cyclist James Laing

December 22, 2011 / / 3 comments

Jim Laing, photo courtesy of his sister Peggy Laing-Krause

It looks like the Laing family may get closure for Christmas.

I heard from a reliable source Wednesday afternoon that Stephanie Segal has entered a plea of No Contest to both counts in the drunken hit-and-run death of cyclist James Laing in Agoura Hills last year.

That means she is not admitting guilt in the case, but won’t fight the charges, and will accept the court’s judgment in the case.

The judge has already indicated that he intends to impose a sentence of at least nine years in state prison, with formal sentencing to take place in late January of next year.

Laing was riding on in the bike lane on Agoura Hills Road on the afternoon of Saturday, October 23rd of last year, when he was run down from behind by Segal’s car and died at the scene. She fled the scene, and was followed by witnesses to a nearby parking lot, where she was arrested with a blood alcohol content of .26 — over three times the legal limit.

She almost immediately entered a rehab facility, where she spent much of the past year, whether in a genuine attempt to get help, or a callous — and failed — attempt to get leniency from the court.

By all accounts, Segal has refused to take any responsibility for getting drunk and climbing behind the wheel, let alone needlessly taking the life of an innocent human being.

I’m told that her testimony — against the advice of both the court and her own attorney — in the preliminary hearing was contradictory and confusing, backpedalling repeatedly as she attempted to shift the blame and explain away her actions.

Her attorney seemed to be making the case that she hadn’t attempted to flee, but merely continued driving until reaching a safe place to stop.

Right.

Laing’s sister Carolyn also reports that she tried to blame Laing for kicking her Mercedes Benz, which appears to have been a last-ditch effort to push away from her car in a failed attempt to save his own life.

In other words, he saw it coming. And there was nothing he could do.

Somehow, kicking a car in self defense seems to pale when compared to the drunken murder of another person. But Segal still doesn’t seem to get that.

By all accounts, she came off as arrogant and argumentative during her ill-advised testimony; I suspect her attorney strongly advised her to plead guilty to the charges to avoid digging herself in any deeper.

As one person put it to me, failure to do so after her dramatic failure on the stand probably would have been legal malpractice.

Of course, she’s not likely to spend the full term behind bars. The current prison overcrowding problems mean she’s likely to be released long before the nine years are up. And as a non-violent offender, she may even do her time in county jail.

But I wouldn’t count on getting time off for good behavior, either.

We can only hope that she’ll finally grasp the consequences of her actions as she sits in her cell, for however long that may end up being.

But at least the loved ones Jim Laing left behind can finally end this year with the light of a very long and tragic tunnel firmly in sight.

Update: An anonymous comment below indicates that Segal will be required to spend at least 85% of her sentence behind bars due to the nature and severity of her crime, and that the sentencing will take place on January 26th in the Malibu courthouse.

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

A bloody few days in Long Beach — two cyclists critically injured, one intentionally

November 8, 2011 / / 5 comments

This has not been a good few days for Long Beach cyclists.

Two riders are critically injured — one because a driver ran a red light, the other because he was intentionally run down by a driver following a dispute.

In the first case, a 67 year old man, who has not been publicly identified, was riding east on Bixby Road at Cherry Avenue around 11 am Friday when he was hit by a pickup traveling south on Cherry. The Press Telegram reports that the driver of the pickup apparently ran the red light.

The rider was rushed to the hospital, where he remains in critical condition. The 66-year old driver was not charged at the scene; however the investigation continues. Anyone with information is asked to call Long Beach Police Department Accident Investigation’s detectives at 562-570-7355.

In the second, and in some ways, more serious case, the Press Telegram reports that a cyclist is clinging to life at a local hospital after being intentionally hit by a motorist, who then fled the scene.

The incident occurred around 3:20 Tuesday afternoon at the intersection of Bellflower Blvd and 23rd Street, following a dispute between the cyclist and a driver.

According to KCBS-2, there’s no word on what caused the dispute. However, the victim, who again was not publicly identified, was described as a homeless man who was known to be aggressive and violent.

The station says some accounts — they don’t say whether from the driver or independent witnesses — have lead police to believe that the victim may have attacked the driver by reaching into his van.

The Press Telegram writes that witness followed the van for several blocks before flagging down a police officer who detained the driver and eventually arrested him for assault with a deadly weapon.

Remarkably, KCBS disputes that account, not only reporting that the driver turned himself in, but that he may not face charges.

Running an unarmed man over with a van is not self-defense, and even belligerent homeless people have a right to live. Unless the driver can prove he was attacked in an unprovoked assault, then inadvertently struck the victim in an attempt to get away, he should face an assault charge.

Or murder if the rider doesn’t make it.

Anyone with information is asked to call the Long Beach Police Department’s Accident Investigations Detail at 562-570-7357.

Meanwhile, the KCBS story is so different from the Press Telegram article that it raises serious questions, going out of their way to paint the driver as the real victim.

Did they uncover the story that the local paper missed? Or are they letting a bias against the victim — the real victim — color their story?

It will be interesting to see how this story unfolds.

Thanks to Rex Reese for the tip.

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

79-year old Escondido cyclist killed in apparent solo wreck; Coroner rules Alan Deane death an accident

September 28, 2011 / / 5 comments

What started out as a very good month on SoCal streets has turned bloody for area cyclists.

After going nearly four full weeks without a fatal collision — and yes, that’s good for the heavily populated Southern California region that averages over one bike death a week — three riders have died in the last 10 days.

The latest is a 79-year old Escondido man who apparently died in a solo collision.

According to the North County Times, the rider, who has not yet been publicly identified, was found along the 400 block of East Mission Avenue in Escondido. He was taken to a local hospital where he was pronounced dead.

The Union-Tribune’s Sign On San Diego website reports that the victim was not wearing a helmet, and did not have lights on his bike. In this case, the lack of a helmet is relevant because this appears to be exactly the sort of slow speed impact that helmets were designed to protect against.

The cause of his fall is unknown;  however, police report that no other vehicles were involved.

Of course, it is entirely possible for a car to cause a crash, without leaving any sign, by cutting off a rider or passing too closely and causing the victim to lose control of his bike.

Unless a witness unexpectedly turns up, it’s unlikely we’ll ever know. But this could be exactly the sort of situation that SB 910, the 3feet2pass bill that’s currently sitting on the governor’s desk awaiting his signature, is designed to prevent.

Are you listening, Governor Brown?

This is the 54th confirmed traffic-related death in Southern California this year, and the 11th in San Diego County. That compares to an average of just under seven deaths each year in the San Diego area, and is just one below the 55 deaths recorded in the seven county SoCal region in each of the last two years currently on record.

It’s also the 5th fatal solo bike collision this year.

Update: The victim has been identified as Jerzy Nowak of Escondido; San Diego’s 10 News reports that there were witnesses who saw him fall, and confirm that no other vehicles were involved. 

……..

Meanwhile, the carnage continues in Pasadena, as another cyclist is injured in a hit-and run at the intersection of Walnut Street and Los Robles Ave; fortunately, he was not seriously injured.

And the death last week of popular cyclist and musician Alan Deane has been ruled accidental by the coroner’s office. What effect that will have on the police investigation remains to be seen.

Oddly, for someone whose death brought forth such an outpouring of grief, police have been unable to find Deane’s last known address.

Maybe you know where he was living?

……..

Of course, it’s not just Pasadena. Or Escondido, for that matter.

KABC-7 reports that a 15-year old bike rider was injured when he was struck by a hit-and-run driver on the 5500 block of North Victoria Avenue in Highland on Monday afternoon. He was taken to the hospital with a head injury; authorities are looking for the driver of a black, 1980s pickup truck.

……..

Finally, I’ve gotten word that Jeffrey Ray Adams, the driver accused of intentionally cutting off a cyclist in Santa Monica — then ranting about it in a video captured by the victim — missed a court appearance on Monday. As a result, I’m told that a felony bench warrant has been issued for failing to appear.

However, reports that the case has been upgraded to a felony charge appear to be incorrect. According to cyclist/attorney Dj Wheels, the District Attorney’s office still reports that the case has been referred to the Santa Monica City Attorney for misdemeanor filing, while the SaMo CA says the case is still under evaluation.

As he notes, however, it’s always possible that neither of their computer systems have been updated yet. We’ll check back in a few days.

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