Tag Archive for Michael Roach

Urgent action needed on Expo bikeway and Beverly Hills; more breaking news on the legal front

August 20, 2012 / / 6 comments

Big news on the legal front to start your week.

Along with a call for urgent action on the Expo Bikeway, and to fight hit-and-run in the seemingly heartless biking black hole of Beverly Hills.

As well as your chance to be an ambassador for bicycling in your own neighborhood.

………

Let’s start with the long-awaited Expo Line bikeway, which appears to be rapidly turning into a train wreck for Westside cyclists.

Expo Bicycle Advisory Committee member Damien Newton offers a detailed background on just how and why the plan is riding off the rails. It’s a must read for anyone who cares about the safety of cyclists on our streets.

Which is where cyclists will end up when the planned bikeway forces them onto dangerous crossings. Or when they avoid the bikeway entirely because they feel safer on busy high-speed streets than on a badly designed, rushed and corner-cutting bikeway.

Fortunately, you still have a chance to put your foot down and demand the Expo Line Authority start listening to the BAC they appointed, rather dictating bad design from above.

The LACBC is calling for concerned cyclists — and yes, you should be very concerned — to attend the next Expo BAC meeting at 8 am tomorrow at the Skanska-Rados Joint Venture Field Office, on the 3rd floor at 11390 W. Olympic Blvd.

If you can’t make it, they — and I — urge you to email the list of Expo Directors on their website today to demand a safer bikeway from Downtown to Santa Monica. They also provide a sample email you can use as a template.

It will only take you a few minutes to write and send an email.

And the bikeway you save could be your own.

………

Meanwhile, Don Ward, aka Roadblock, calls on cyclists to attend the next Beverly Hills City Council session on Thursday to demand an end to their local — and hopefully unofficial —policy of letting hit-and-run drivers off the hook without even the slap on the wrist they get in most jurisdictions.

Ward points out a recent case in which a cyclist was severely injured, and the driver actually came forward to confess. Yet the case was so badly bungled by local authorities that no charges were ever filed.

According to Beverly Hills PD a break came the next day when the alleged driver, Victoria Chin, phoned in to confess her crime. Detectives arranged for her to turn herself in that day. They requested she bring the car in as well. This is where things apparently got complicated for the Beverly Hills Detectives. After flaking on her first appointment, Chin showed up the following day along with a lawyer but without her car. Beverly Hills Detectives acknowledge that they failed to process her confession and they sent her home without booking or arresting her.

Months later, citing issues not fully understood, the case was declined by District Attorney Steven Katz. Katz claims that since there was no car in custody, and the woman confessed on the phone and not in person, there was not enough evidence to move forward with a case. Questions arise of whether this is an isolated incident or part of a larger pattern of Beverly Hills apathy towards cyclists… Paul was not the first hit and run victim in recent memory to be denied justice by the city.

………

Brett Morin, the other driver charged in the road racing death of pro cyclist Jorge Alvarado, has accepted a peal deal. He’s scheduled for sentencing on October 3rd; considering the gift of a sentence given the driver who actually killed Alvarado, don’t expect more than a slightly harsh caress of the wrist.

………

Our anonymous Orange County source reports that we finally have convictions in the case of two allegedly drunk Huntington Beach speed racers who flew off the road, critically injuring a cyclist riding on the beachfront bike path.

Yes, even separated bikeways aren’t safe from speed-crazed Southern California drivers.

And yes, both have once again gotten off with a relative slap on the wrist — even if one appears to be a tough sentence for that particular judge.

Which says far more about our SoCal court system than we should be willing to tolerate.

Glenn Michael Moore & Michael Dennis Roach are the scumbags who were skunk drunk at half past eight on a Sunday morning and racing each other down PCH (can’t be late for church!!!) when they clipped each other.  Both speeding vehicles flew down an embankment.  Moore’s car slammed into Richard Lauwers as he rode his bike on the completely segregated beach bike path.  The next speeding vehicle on PCH was the responding ambulance.

Lauwers was having a nice quiet ride after a leisurely weekend breakfast at our famous Sugar Shack.  He would’ve been home in another twenty minutes.  Instead he ended up in the ICU, where he spent six days.

On Wednesday, Moore pleaded guilty to all counts against him.  He was sentenced to fines & restitution, one year in jail (stayed), three years of formal probation, and a  “First Offender Alcohol Program.”  Oh, and his license was suspended for a year.  I can’t figure this one out, because I’m working with insufficient data here.  IF Moore was before Judge Adams, who generally presides over that particular courtroom and is lenient, AND had a good lawyer (and by all accounts his lawyer is very good), AND he doesn’t have an extensive rap sheet (he’s pretty clean in OC at least), then this is a surprisingly tough sentence.  It’s still insufficient, but it’s certainly on par for Judge Adams and our overtaxed justice system in general.

Meanwhile, Michael Dennis Roach appears to have three separate sentences for the single count of engaging in a speed contest with injuries to another: two sentences for 90 days in jail, and a third for 90 days of service in lieu thereof.  Also, three years of formal probation as well.  Dunno what this is about, but there’ll be further proceedings on the 28th. Also, the OCDA unearthed a DUI with property damage that Roach had committed in November 2001 (while driving on a suspended license, but never mind that); a second DUI within 10 years could have resulted in a stiffer sentence, but oddly, his DUI charge and its enhancement were dismissed.

Did I ever mention that I have a real problem with drivers who put everyone else at risk because they can’t keep their damn feet off the accelerator — let alone get behind the wheel when they’re drunk or stoned?

The good news is that Lauwers is okay, and back on his bike.

………

The LACBC is offering a way to become more active as a bicycling advocate in your own neighborhood. And make a real difference where you live and ride.

The new Neighborhood Bike Ambassador program is designed to empower you to influence the implementation of the L.A. bike plan, as well as programs developed by the LACBC.

The first kick-off meeting takes place tonight in the Valley, followed by four others throughout the L.A. area over the next 10 days. The meetings — and the program itself — are open to everyone; you can sign up to be a Bike Ambassador here.

………

Finally, a few other brief notes from the world of bicycling.

In a truly shocking case, a Santa Rosa driver takes his road rage off road, chasing a cyclist 100 yards onto a golf course before running him down with his car. The good news is, an arrest has been made; the bad news is, the 81-year old driver has done it at least twice before. And was still allowed to drive.

Thanks to Emily C for the heads-up.

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The schmuck who kidnapped and murdered Louisiana cyclist Mickey Shunick pleads guilty to first degree murder in her death, as well as that of another woman. Hopefully they’ll shove him so deep into the living hell that is Louisiana’s Angola Prison that he’ll never see the light of day again.

………

Police may have solved the recent rash of Calnago thefts. The Orange County Bicycle Coalition reports hat two stolen Calnagos have been recovered when they were abondoned by the thieves outside an OC Dennys, and a third was recovered in a West Hollywood pawn shop through stolenbikeregistry.com.

No word yet on arrests in the case.

The L.A. Times offers a nice profile of Cypress Park’s Flying Pigeon bike shop and the eponymous Chinese bikes they love and sell.

………

And a PA cyclist moons a couple in a passing car, then threatens them with his bike seat before crashing into a police cruiser.

Seriously, you can’t make this stuff up.

Category: Bicycle Safety, Bikes & the Law, Car vs Bike, Injuries and Fatalities, Law Enforcement, Legal Cases, Streets and Infrastructure / Tags: , , , , , , , , , , ,

Insights and updates on Orange County bike cases — laughter or tears?

December 12, 2011 / / 3 comments

Over the past year or so, I’ve featured a number of updates on various Orange County and South Bay legal cases from an anonymous source.

Like the updates I get from Dj Wheels, I’ve come to trust and rely on the insights from this source to keep us up to date on cases from behind the Orange Curtain, which can be hard to follow from up here in L.A. — especially since these cases seldom make the news unless something major happens.

Today she sent me an email offering background information on a couple of cases that are slowly moving through the system. And I thought it was good enough that I wanted to share it with you.

This article from the Sunday Orange County Register shows why the OCDA’s office wants to nail Michael Dennis Roach (and his ilk) so bad.  (Roach is the drunken racer on PCH who hit another drunken racer, spinning both cars onto a segregated beach path.)  Things do not look good for Roach.  His co-defendent Glenn Michael Moore, on the other hand, has a much shorter rap sheet and a terrifyingly good lawyer.

Our drunk-driving laws are nauseating liberal.  MADD had to fight for years to get that excessively high .08 limit, and it’s so easy to circumvent in court.  In other, more civilized countries with a better grasp of public safety and/or neurochemistry, the limit is much lower, and the penalties are more appropriate.  Every year in America alone, more people are killed by drunk drivers than by firearms, knives, blunt objects, & strangulation combined, and drivers under the “legal” limit (but at .04 or above) account for 25% of these deaths.  Our laws fail to address the severity of the repercussions of dangerous operation of motor vehicles.

Danae Miller (um, for example) had a preliminary hearing on December 1st and naturally the judge decided that there is indeed enough evidence to send her to trial.  Miller’s due to be arraigned in a few hours;  I won’t be there because both Anita Sue “Stop Signs Don’t Apply to Me” Cherry and Adam Carl “Just a Witness” Garrett have appearances at a different couthouse.  However, an incredibly wonderful MADD victim services specialist assisting the Britel family will forward me the plea and any details.

Miller’s preliminary hearing was tedious, thorough and heart-rending. The D.A. called four individuals to testify; the defense called none.  The hearing included some of the evidence that will be shown if Miller doesn’t just plead guilty like Hines, including the video from the dashboard-mounted camera of the first responding officer’s approach to the scene, which showed Britel’s shattered carbon fiber bike lying in the gutter, front light still blinking.

Although it was dusk, the view of the roadway was completely unobstructed, the streetlights were on, and the bike had plenty of reflective material on the rims and below the seat.  Britel was wearing a yellow dayglo jacket with reflective material.  A blind man could have seen him.  Miller could not.

Evidence also included the dozen or so texts & calls made in the minutes preceding the collision, as well as Miller’s ratty ancient-tech flip phone, which she’d handed over to the first responding officer at his request after stating that she never texts while driving.  Two prior citations to which she pleaded guilty refute this remark.  Disappointingly, a Verizon custodian of records testified that there’s no record of the content of the texts sent or received.

Miller also initally lied to the police on scene about her intake of alcohol.  With bloodshot eyes and slurred speech, she first claimed she’d had nothing to drink prior to driving.  She then changed her story, saying she’d had “one glass” of wine about an hour prior to leaving work.  However, her BAC was measured at .105 and .106 from two separate vials of her blood collected approximately an hour and forty-five minutes after the collision.  (This amount was rounded down to .10.)

In questioning the D.A.’s theory of culpability, the judge requested a brief review of testimony in order to determine whether, as Miller’s lawyer attempted to suggest, the incident was a simple SWSS.  But Miller had never told investigators,  “I saw the cyclist ahead.”  She admitted to the arresting officer that the first indication she had that she’d hit something was the shards of her shattered windshield hitting her arm.  (At least she wasn’t too drunk to wonder what all the sparkly stuff was.)

After the hearing, I asked D.A. Hayashida whether Britel had a bike computer and whether the data had been accessed.  To my surprise, she admitted she didn’t know (!!!) but would look into it.  I’d squinted at the pics & video of Britel’s mangled bike, but could only see a dark blur to the left of the areo bars.  It just strikes me as unlikely that a serious, competetive cyclist wouldn’t have the bells and whistles that could pinpoint the location, sudden deceleration & trajectory of his bike… and possibly even indicate the exact time, to the second, when his heart stopped beating.

Incidently, Hayashida is also assigned to prosecute Adam Carl Garrett, so I expect to see her  again today.  AND (refer back to the Orange County Register article) she’s the one who nailed Dennis Malavasi.

Mad props to good stranger Heather Lohrman (hope that’s spelled right), who stopped at the crime scene, attempted to find Britel’s pulse, and ran up to Miller’s car to get the license plate number in case the perp decided to flee.  Another good stranger was present as well but his name was not released.

Just a quick and irrelevant note about Anita Sue Cherry:  Last month, only two days before her most recent scheduled hearing, her first lawyer (whose list of traffic citations is longer than Cherry’s) was cited for failure to stop at a stop sign.  And next Monday, her most recently retained lawyer (her first lawyer’s legal partner) has his arraignment for the DUI w/property damage he got in September.

I swear to God I’m not making this up.

Laugh, or cry?

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

The charges fit the crime — OC authorities re-file in alleged DUI speed racing collateral damage case

October 12, 2011 / / 2 comments

Most times, we’re just happy when charges are filed against a driver for killing or injuring a cyclist.

Any charges.

No matter slight, because it beats the all too frequent alternative in which dangerous motorists drive off to do it again, without even a bruise on their wrists.

Which makes it very surprising when the DA not only files charges, but actually re-files to bring enhanced charges — and stiffer penalties — against a driver in a criminal case.

But that’s exactly what happened in the case of Michael Roach, accused of contributing to the crash that critically injured Huntington Beach cyclist Richard Lauwers last January.

Lauwers was riding home on a beachfront bike path when he became collateral damage in a street racing collision between 57-year old Glenn Michael Moore and 36-year old Michael Roach.

In other words, two men old enough to know better.

Thankfully, Lauwers survived, if barely.

In fact, he’s reported to have recovered from his injuries, and resumed riding his bike around his hometown.

An anonymous source reports on the enhanced charges against Roach. And notes that it wasn’t his first offense.

Michael Dennis (“Speed Racer”) Roach was previously charged with a single violation of 23109 (engaging in a speed contest) in the January incident that put cyclist Richard Lauwers in critical care for six days.

That charge has been dropped. The case has been refiled with different charges. The new charges are 23109.1 (DUI with injury) along with an enhancement of inflicting great bodily harm, and 23109.1 (engaging in a speed contest, with injuries to another). Roach has pled not guilty to both and posted $50,000 bond.

It gets more curious.

Ten years ago, he was arrested and charged with four separate misdemeanors in that case:

  • 23152(a)…….DUI
  • 23152(b)…….DUI with a BAC of .08% or greater
  • 20002(a)…….Hit & run with property damage
  • 14601.1(a)….Driving on a suspended license

He pled not guilty to 23152(a), and that charge was dismissed. For the others, he was sentenced to a total of 50 days in jail and three years of informal probation, and his license was restricted for 90 days. He then violated his probation (I dunno for what), and earned another fun 30 days in jail. His probation was reinstated, and during this time, he was also cited for speeding and failure to show proof of registration, in separate instances, although neither seems to have affected his probation. His history of recklessness probably has something to do with the new, improved charges.

Meanwhile, fellow speed demon Moore — the driver whose car actually collided with Lauwers — faces a misdemeanor count of engaging in a speed contest, as well as felony counts of DUI causing great bodily injury and DUI with a blood alcohol content over .08%.

In other words, both were blasted at 8 am on a Sunday morning.

And nearly killed another human being because they were too drunk — or too stupid — to keep their damn feet off the accelerator pedal.

……..

The same source reports that Joseph Fernandez is finally behind bars for the death of Encino cyclist Jim Swarzman.

Also, Joseph Fernandez, who slaughtered Jim Swarzman as his fiancé watched, is currently behind bars at the Richard J. Donovan Correctional Facility in San Diego County. I tried to confirm the length of his sentence yesterday (Columbus Day?), but the courthouse was closed. Still, it’s comforting to know he’ll be off the streets for a while.

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