Tag Archive for Los Angeles County District Attorney

Morning Links: More on misguided Olin decision; protected bikeways and hit-and-run bills pass legislature

August 28, 2014 / / 6 comments

More on the DA’s refusal to prosecute the sheriff’s deputy who killed cyclist Milt Olin, as cyclists urge the DA to change her mind.

Meanwhile, the local Calabasas paper picks up the story, while Digital Music News offers an angry response. Streetsblog’s Damien Newton rails against the decision. And the story goes international, courtesy of London’s Daily Mail; thanks to Kevin Hopps for the tip.

LA Daily News writer Brenda Gazzar writes that the Sheriff’s Department will open an internal affairs investigation into Deputy Andrew Wood now that the investigation is complete; thanks to Danny Gamboa for the link. Be sure follow her if you’re on Twitter for the latest updates and best reporting on this case.

For those who want to do more than sit and seethe, a protest ride and vigil will held next Wednesday, sponsored by the LACBC, Yield to Life and Ghost Bikes LA.

milt_olin_FLYR

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Despite difficult to understand opposition from CABO, the protected bikeways bill sponsored by the California Bicycle Coalition passed the legislature Thursday and awaits the governor’s signature. The bill will allow protected bikeways, which are currently considered experimental under California law, as long as they adhere to NACTO guidelines.

Meanwhile, two hit-and-run bills sponsored by Glendale Assembly Member Mike Gatto passed, as well; AB 47 will create a Yellow Alert system to notify the public about significant hit-and-runs, while AB 1532 would automatically suspend the license of any driver convicted of hit-and-run. Thanks to Finish the Ride for the heads-up.

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LA Weekly rides along to the Emmys with Mad Men writer/producer Tom Smuts and company.

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Alejandro Valverde captures stage six of the Vuelta. Disappointing that one of the world’s great bike classics is getting so little coverage, especially when it promises to be one of the best in years.

And even though Lizzie Armistead has already wrapped up the Women’s World Cup, there’s still a lot at stake in the final race.

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Local

Two miles of new bike path open along the LA River in the West Valley.

Flying Pigeon questions whether North Figueroa drivers really want faster speeds or better traffic flow.

Fig4All explains how one misguided councilmember can derail a much needed safety improvement project on North Figueroa. And what can be done about it.

Bicyclists in the City of Angeles will ride in solidary with the Afghan women’s cycling team “and all women who ride bikes in the face of adversity” this Saturday.

LA cyclists ride to remember three fallen Belizean riders.

Who knew? The Biking Black Hole of Beverly Hills was once home to some of the region’s finest bike trails.

Santa Monica police bust a bait bike thief.

A jogger is critically injured running in the bike lane on PCH in west Malibu when he’s hit by a car, which doesn’t bode well for cyclists using the lane intended for them. Correction: It turns out that’s not a bike lane, after all. 

 

State

San Diego’s new Bicycle Advisory Committee promises to make the city better for biking

Santa Barbara gets $8.6 million for bike projects, while Goleta gets $3.654 million and Santa Ana gets a relatively paltry $3 million.

Sadly, a Roseville rider is killed by her own SUV when it rolls over her while she’s trying to remove her bike from the back.

 

National

Momentum Magazine lists the next great bicycling cities, while Bicycling is about to offer an updated list of the nation’s top 10 bike cities. Do I really need to mention that LA didn’t make either list?

A 91-year old Oregon WWII and Vietnam Vet plans to keep riding despite being hit by a car.

No distracted driving law means the penalty for hitting a Texas cyclist is no worse than getting a speeding ticket.

Despite the LSU paper’s apparent ethical dilemma, bike theft is just wrong. Period.

A 75-year old former Manhattan bike commuter reminds his fellow Virginia riders they’re not above the law.

Milt Olin isn’t the only cyclist to lose his life to a sheriff’s deputy, as a 15-year old Florida boy is run down for no apparent reason by a patrol car driven by a Lee County deputy.

 

International

Calgary defenseman Cory Sarich puts his NHL career on hold to recover from serious injuries suffered in a frightening bike collision last month.

The UK government is urged to protect funding for bikes and pedestrians.

Half of Brit drivers break the law; I suspect the percentage would be a lot higher here.

Turns out London cyclists aren’t a danger to guide dogs after all.

A Brit minibus driver gets five years for killing a cyclist while looking a photos on his cell phone.

India’s Health Minister wants a nationwide network of protected bike lanes.

Clearly, it was a loss felt worldwide, as Aussie cyclists ride to remember Robin Williams.

 

Finally…

When you’re leaving an Ohio drug house with crack on your bike, put a damn bell on it if that’s what the law requires; the bike, not the crack. Now that your GoPro bike cam can give you a dog’s eye view of the world, expect to see a lot of butt close-ups.

And evidently, a pair of Laguna Beach cyclists are selling something to raise funds for Alzheimer’s research. Unless the local paper meant pedal, instead of peddle, of course.

 

Category: Advocacy & Politics, Bikes & the Law, Legal Cases, Morning Links / Tags: , , , , , ,

Update: DA refuses to file charges in Milt Olin case

August 27, 2014 / / 22 comments

The investigation is finally complete.

As predicted as soon as the LA County Sheriff’s Department inexplicably insisted on investigating itself in the death of cyclist and former Napster Exec Milt Olin, no charges will be filed against the deputy who killed him.

And as long predicated by myself and others, the immediate cause of the collision was the deputy’s use of the patrol car’s onboard computer while traveling on a winding road at 48 mph.

It was clear that the Sheriff’s Department was attempting to downplay their investigation — if not coverup the results — when they announced late on the Friday before Memorial Day that it had been turned over to the DA’s office for evaluation over a week before.

Then, nothing.

Not a word from the District Attorney for over three months, until news broke late this afternoon that the deputy responsible, Andrew Wood, would not face charges.

DA refusal letter (pdf)

Surprisingly, it actually appears the Sheriff’s Department recommended a charge of vehicular manslaughter; not surprisingly, the DA declined to file, saying they did not feel they could prove the deputy was negligent, which would be required for a conviction.

As we have discussed before, the case hinged on CVC 23123.5, which prohibits using electronic communication devices while driving — but exempts police officers and other emergency service workers in the performance of their duties.

According to the DA, that exemption applied in this case, as Wood was typing a response to a query from another officer when he drifted into the bike lane and rear-ended Olin’s bike without ever braking.

As often happens in such cases, Wood initially claimed Olin swerved in front of him in the traffic lane, and he only went into the bike lane in an attempt to avoid him. That is, until physical evidence and witness testimony proved him wrong, at which point his story changed to say he never saw Olin prior to the collision.

Yet somehow, the mere fact that Wood was driving at nearly 50 mph — in a bike lane — with no idea what was on the road directly in front of him is not sufficient evidence of negligence as far as the DA’s office is concerned.

Simply put, there are only two options.

Either the deputy was at fault for driving distracted — even though he could legally use the computer, he is still required to drive in a safe and legal manner.

Or the Sheriff’s Department itself is negligent for a policy allowing its officers to use the onboard computer in a manner that places everyone else at risk, as they will undoubtedly be found responsible for in the civil suit filed by members of the Olin family.

Either way, thanks to the complicity of the DA’s office, no one will ever be held accountable for the death of an innocent man, whose only crime was going for a bike ride on a sunny afternoon.

And a dangerous, if not deadly, policy will never be changed.

Thanks to Brenda Gazzar for breaking the story. 

Update: The afore mentioned Brenda Gazzar offers a detailed look at the case and the DA’s decision not to file charges in the LA Daily News, including this:

Eric Bruins, planning and policy director for the Los Angeles County Bicycle Coalition, said he was disappointed to see a clearly distracted law enforcement officer escape charges on what he called a technicality.

“Just because the law allows someone to do something while driving doesn’t mean they are allowed to do something unsafely while driving,” Bruins said. “Hitting someone from behind is very clear evidence that whatever was going on in that car was not safe and should have been considered negligent.”

It’s definitely worth a read to get the full story.

Meanwhile, LAist quotes several angry tweets from very pissed-off cyclists. Including yours truly.

 

 

Category: Injuries and Fatalities, Legal Cases / Tags: , , , , , , ,

Daughter of LAPD Sgt. accepts plea in death of Gardena cyclist Jesse Dotson

August 6, 2014 / / 5 comments

Despite her best efforts, the killer of a Gardena bike rider was unable to avoid justice after all.

Although her semi-successfult attempt to flee the scene may have spared her from a more severe penalty.

Twenty-three-year old Vanessa Marie Yanez was reportedly driving home when she collided with 60-year old postal worker Jesse Dotson as he was riding into work on Gardena’s El Segundo Blvd in June of last year. Yanez fled the scene, leaving Dotson bleeding in the street; he died in a local hospital a few days later.

The daughter of a veteran LAPD sergeant, Yanez reported the car stolen to the Huntington Park police the next day. However, an alert HPPD officer put two-and-two together after seeing news reports of the collision, and contacted Gardena police to report Yanez as a suspect.

Her car was found, complete with shattered windshield, still at the home she shared with her father, less than a mile from the scene of the collision. KNBC-4 later reported she told police she had been drinking before the wreck; if true, fleeing the scene would have given her time to sober up before her arrest.

She was arrested on suspicion of manslaughter, perjury, filing a false police report and felony hit-and-run.

Gardena police initially said her father, Sgt. Arturo Yanez, could face charges if it was shown that he had knowledge of his daughter’s actions or was involved in the attempted cover-up. No such charges were ever filed, though, even though it’s hard to understand how such an experienced officer would be unaware of what was happening under his own roof.

There were also reports that he could face an internal investigation with the LAPD; however, such investigations are considered personnel matters, and the results are unlikely to ever be made public.

Today, the LA District Attorney’s office announced (pdf) that Vanessa Yanez had changed her plea to no contest on three counts — a felony charge of leaving the scene of an accident, felony perjury, and misdemeanor vehicular manslaughter. She is expected to be sentenced to two years in state prison on September 25th.

The sentence seems light under the circumstances, suggesting she accepted a plea deal in exchange for a lighter sentence, as usually happens in traffic cases.

However, light sentences do little to stem the epidemic of hit-and-runs. And her sentence would have undoubtedly been much stiffer if it could have been shown that she was under the influence when she hit Dotson.

Which is just one more reason why the penalty for hit-and-run should be stiffened to match the penalties for drunk driving and remove the incentive for intoxicated drivers to flee the scene.

Correction: This story initially said Yanez had pled guilty; it has been amended to reflect her actual plea of no contest.

 

Category: Bikes & the Law, Hit-and-Run, Legal Cases / Tags: , , , , , ,

Morning Links: Two months later, still no word from DA on Olin Case; Amoeba plans Hot August Bikes celebration

July 30, 2014 / / One comment

Sometimes, no news is no news.

More than two months after the Sheriff’s Department turned their investigation of their own officer who fatally ran down cyclist Milt Olin over to the District Attorney’s office, the DA has announced absolutely nothing.

According to the Daily News, there is still no word, official or otherwise, on whether the officer will face charges. Or even when or if a decision will be made.

Even though the DA’s own website promises a decision on filing within 60 days on any case, barring unusual circumstances.

I guess a texting on-duty cop running down a rider in a bike lane, then being investigated by his own department, rather than an independent agency such as the Highway Patrol — which normally investigates traffic fatalities in the county’s jurisdiction — could qualify as somewhat unusual.

Although the near-total news blackout on the results of the six-month investigation, followed by a total lack of comment from the DA’s office after more than two months, might make someone wonder just what the hell is or isn’t going on.

This case has stunk from day one.

And eight months later, the stench isn’t getting any better.

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Sounds like fun. Amoeba Records, along with a long list of co-sponsors, will celebrate Hollywood bike culture with Hot August Bikes in their parking lot behind store on Sunday, August 17th. The event, which runs from noon to 5 pm, will benefit the LACBC.

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Forgive the late notice.

The Bikeway’s Subcommittee of the LA Bicycle Advisory Committee — the city’s only official voice for bicyclists — will meet from 1 – 3 pm today at LADOT Headquarters, 100 Main Street.

BACBikewaysAgendaJuly302014

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Local

Been awhile since we’ve heard from bike lawyer Daniel F. Jimenez, better known here by his nom de bike Dj Wheels. He writes that cyclists are turning to tech products to improve safety.

Planning is underway for next month’s third annual Clitoral Mass ride; as the name suggests, men need not apply. Meanwhile, Culver City will get its own CicLAvia next July.

The Westside’s favorite bike race, the annual Brentwood Grand Prix, rolls this Sunday; always a great time offering exciting men’s and women’s racing.

Metro honors CICLE’s new executive director, Vanessa Gray.

Seriously? A Glendale museum director insists that cyclists — except for his law-abiding friends, of course — are crazed lawbreakers who speed downhill at 40 mph in spandex and without brakes, unlike all those rational, law-abiding motorists out there. Proving you can be really smart, and still say some really stupid things.

And a Palos Verdes letter writer (second letter) complains about bicyclists getting their own private space, plus being allowed to use every lane on the public roadways, unlike all those law-abiding motorists who would never dream of driving in a bike lane. Thanks to Margaret for the heads-up.

 

State

A San Francisco cyclist suffers life-threatening injuries when he’s hit by the driver of a stolen minivan fleeing from police; six other people were less seriously injured.

After a young New York woman is killed while riding in Chico, her parents vow to live out her bucket list.

A Stockton man sics his dog on a bike rider for the unconscionable crime of using a hose without permission.

 

National

The Bike League looks at how better laws can promote bicycling, and invites you to order their new Smart Cycling Quick Guide.

Despite what the NY Times says, Bicycling insists there’s no proof carbon fiber is making bikes more dangerous. And the magazine’s Test Director can barely control his anger at the Times piece.

I’ve been ignoring multiple stories lately about a competition to design the urban bike of the future; Bike Snob explains in his own inimitable way why that was the right choice.

A Chicago study shows only buffered bike lanes keep riders outside the door zone.

An upstate New York woman was high on crack when she hit a cyclist not once, but twice before fleeing the scene — and despite her 23rd license suspension. You’d thing after the first dozen or so, someone would permanently revoke her license and forbid her from owning a car.

A proposed change in DC law would end contributory negligence in car vs bike collisions.

When Ft. Lauderdale police lead Critical Mass riders uphill at a dangerously slow pace — 3 mph, for chrissake — a ride leader asks them to speed up so people won’t fall. And is nearly forced into a collision by a cop, then arrested for his trouble.

 

International

A local Yorkshire official who called cyclists lawless menaces who speed through the village at a remarkable 50 mph is convicted of drunk driving at nearly twice the legal limit. But we’re the dangerous ones, right?

Now that’s class. When the Malawi bike team competing in the Commonwealth Games brought a pair of bikes to a Glasgow bike shop for repairs, the staff decided they deserved better. And loaned them two high-end bikes for the competition.

British rider Emma Pooley announces she’ll retire after the Commonwealth Games.

After pedestrians call an Irish bike rider an idiot for riding on a footpath, he proves them right by attacking them with a key and screwdriver.

 

Finally…

A Houston burglar uses a doggy door to steal a bike, then leaves it behind when he can’t ride it. And Long Beach police respond when a six-year old tries to use a toy gun to jack another boy’s bike.

Seriously, you can’t make this shit up.

 

Category: Bike Events, Bikes & the Law, Legal Cases, Morning Links / Tags: , , , , ,
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