Tag Archive for Phillip Goldburn Williams

A heartwarming story to end your week, a bunch of legal updates and week’s worth of links

July 14, 2012 / / 4 comments

Now that there’s finally a lull in this week’s rash of bad news, let’s catch up on all the news that’s been on hold this week.

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First off, maybe you remember the story.

It was about a year and a half back, when I told the tale of a hero bus rider who jumped off his Commuter Express bus after a long day at the DWP to stop a bike thief, and rescue the prized ride of a total stranger.

It’s one of my favorite stories I’ve told on here, second only, perhaps, to a pair of female triathletes who saved two men from drowning off the Malibu coast.

And I was there last year when Good Samaritan Hospital, where the owner of the bike, Dan McLaughlin, serves as a vice president, honored him at the annual Blessing of the Bicycles.

But after that, I lost track of the story until L.A. Times writer Nita Lelyveld gave me a call a few weeks back.

What I didn’t know was that the story didn’t end that day when McLaughlin handed his bike’s rescuer a plaque in front of a group of gathered cyclists. They had become friends, bonding over bikes, and Bolivar and his wife had even taken to riding a tandem together.

It’s a beautiful story. And one that Nita tells beautifully.

It’s definitely a must read, if you haven’t already.

………

My apologies to Shane Feldon.

I had promised to write this week about a new light system currently looking for funding on Kickstarter. Unlike other bike lights, it doesn’t just attach to your handlebars, but actually is a structural part of your bike.

So it’s always there when you need it, and you never have to worry about forgetting it or having it stolen.

Unless they take your whole bike, of course.

Sadly, there’s only a few hours left to get funded, and it looks like it’s going to end up well short. But if you’ve got some money to invest — or happen to own a bike company — this looks like a great idea with a lot of potential.

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Nineteen-year old Korean college student Jin Hyuk Byun has pleaded not guilty to a single charge of hit-and-run causing death for allegedly killing 18-year old Angel Bojorquez as he rode home from work in Rancho Santa Fe last Friday.

The judge recognized the risk Byun posed, calling him “an extreme danger to the community,” as he raised Byun’s bail from $50,000 to $1 million, according to the North County Times.

The NC Times also reports that Byun allegedly stopped after killing Bojorquez — not to render aid or call for help, but to push a broken headlight assembly back into place and strip the torn rubber from his tire before driving home on the bare rim.

Remarkably, he faces a maximum of just four years in prison for leaving another human being to die on the side of the road.

Surely there are other charges the DA can file.

Vehicular homicide might be a good start.

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In other legal news, the Highland Community News confirms that Patrick Roraff has entered a guilty plea in the 2010 death of pro cyclist Jorge Alvarado, as we discussed Monday; co-defendant Brett Morin is still pleading not guilty.

Dj Wheels reports that Phillip Goldburn Williams, charged with vehicular manslaughter in the July, 2010 death of cyclist Victor Apaseo-Rodriguez in Downtown L.A., has been convicted after changing his plea to no contest.

And walked away with a slightly bruised wrist.

Williams received a three years of probation, $194 in fees, 20 days of Caltrans road work, and 160 hours of community service. Oh, and a whopping 12 hours of anger management; we can only wonder what that’s about.

Meanwhile, his victim received a death sentence, carried out on the bumper of Williams’ Chevy Avalanche.

Wheels also reports that a preliminary hearing took place this week for a very pregnant Christine Dahab, charged with felony counts of driving under the influence causing injury and driving with a blood alcohol count over .08, after injuring 13 cyclists in Culver City in June of last year.

And our anonymous South Bay source reports that Joel Alexander Murphy has pleaded not guilty in the hit-and-run death of cyclist Roger Lippman in Huntington Beach last month, as well as for violating his formal parole on drug charges.

I’m also told that both the D.A.’s office and Mothers Against Drunk Driving have been trying to reach out to Lippman’s family and friends to aid in the prosecution and prepare Victim Impact Statements to present to the judge to influence sentencing.

………

In racing news, David Millar wins stage 12 of the Tour de France, seven years about coming back from a doping ban, in what’s turning into a British dominated race. Cadel Evans cracks in stage 11, while Wiggins tightens his grasp on the lead, and Thomas Voeckler won the first mountain stage of the Tour de France.

Bicycling offers an update on the eight Americans who started this year’s Tour; it ain’t pretty. Meanwhile, young riders Chris Froome and Tejay Van Garderen learn the hard way what it means to be a domestique.

Not content to go after Lance, the U.S. Anti-Doping Agency bans his doctors and former trainer, while Armstrong refiles his lawsuit against USADA, and a U.S. representative calls for an investigation into the USADA for wasting time investigating Armstrong. And current former TdF champ Alberto Contador plans to return from his doping ban next month.

It’s been 45 years since British rider Tommy Simpson died in the Tour de France, the first, but sadly not only, fatality in its 109 year history.

The route for the fourth stage of August’s badly named USA Pro Cycling Challenge is in danger, as a giant sinkhole threatens to swallow the roadway.

In local racing, the Easy Reader offers a good wrap up of last weekend’s Manhattan Beach Grand Prix, as Ken Hanson and Shelby Reynolds take the top men’s and women’s categories, respectively.

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A new date — and new routes — have been announced for this fall’s CicLAvia, in order to make room for the space shuttle. Here’s your chance to ask CicLAvia’s Stephen Villavaso about the changes. L.A. Mayor Antonio Villaraigosa offers up a video explaining how CicLAvia is transforming our streets, while Better Bike provides a detailed look at the new areas you’ll experience.

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Bill Cosby narrates a 1970s-era public service video about bi-cycling, as he calls it; who knew Santa Ana used to be bike friendly?

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A reader sends in this photo of an angry Santa Monica bus driver cursing him out after he asked the driver to be more careful. He notes that Big Blue Bus officials were very helpful in handling his complaint, and that simply taking a photo is often the best thing you can do when confronted with a traffic altercation.

I’ve long been a believer in pulling out a camera when confronted with angry driver.

Especially ones that may have been otherwise distracted.

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The monthly Spoke(n) Art ride rolls tomorrow. CD13 City Council candidate Josh Post is hosting a two hour fun ride along the L.A. River bike path on July 22nd to share his vision for a bike-friendly L.A. and revitalization of the L.A. River. If you’re in the market for a new job, Bikes and Hikes LA is looking for in-shape, bilingual tour guides. LADOT will be testing new treatments Sunday for the badly worn Spring Street green bike lanes. BIKAS offers a better than passing grade for L.A.’s new bikeway efforts. Will Campbell creates another great timelapse through Griffith Park. Santa Monica moves forward with their own 13 station bike share program, which may or may not be compatible with the upcoming L.A. bike share; Better Bike asks what role, if any, the Westside Council of Governments will play on the region’s expanding bike share plans. Glendale gives up on the Honolulu Ave road diet, as auto-centric council member Dan Weaver observes that the city’s streets were designed for automobiles, not bicycles; thanks to Michael Wade for the heads-up. The route has been set for Pasadena’s inaugural Gran Fondo. A ghost bike was installed Friday for Larry Schellhase, the cyclist killed when he hit road debris in Redondo Beach last April.

Newport Beach votes on placing sharrows on the East Coast Highway; word from cdmCyclist’s Frank Peters is that they were approved. San Diego cyclists are understandably upset after Caltrans decides to remove a ghost bike for fallen rider Nick Venuto, but manage to save another for Chuck Gilbreth; they’ll also host a ride to honor fallen cyclists Theodore Jones and Angel Bojorquez on July 25th. San Diego hires Safe Moves to provide bike and pedestrian safety training to students. A local resident asks why Coronado isn’t bike friendly. Sharrows are coming to Highway 101 in Solano Beach. The Bert and Ernie approach to sharing the road. Be careful biking with your dog running alongside; or better yet, just don’t. Security video catches a Solvang burglar breaking in to a bike shop and running out with two bikes. Palo Alto moves forward with a new bike plan. Good news, as the Modesto girl seriously injured when she stepped in front of an antique car to save her bike riding brother returns home from the hospital. Cyclists are gaining political influence in the Bay Area, though not everyone is happy with it. A not guilty plea from the driver accused of critically injuring New Zealand pro cyclist Michael Torckler in a Sonoma County hit and run.

The Bike League looks at our own Dorothy Wong. States can’t wait to spend former bike funding on other projects. New pedals double as bike locks. A Portland study shows bicyclists spend more at local business. Clif Bar celebrates its 20th Anniversary by giving Public bikes to their employees. According to a Denver paper, either cruiser bikes rule, or they’re ruining cycling for the rest of us. A micro brewery in my home town converts its parking lot into secure bike parking. Survivors of the devastating Colorado fires say their lives would be better if they could just get rid of those damn bikes. Aspen CO cyclist can now expect to get a warning instead of a ticket. A North Dakota’s Supreme Court rules a cyclist can be convicted of drunk bicycling. Republican candidates in Madison WI unite to oppose a local bike path. Turns out riding a bike in Chicago is safer than riding in the suburbs. A Michigan driver rear-ended and critically injured a rider, then casually continued on to the same casino where his victim worked. Ohio bike lawyer Steve Magas asks if this is the worst crash report ever. A reminder that cyclists aren’t always the good guys, while a Columbus writer says that city’s drivers are courteous, but cyclists are road-hogging jerks who should be ticketed — and describes unsafely passing a rider as proof. New York plans to slow more drivers down to a 20 mph speed limit. Boston’s Lovely Bicycle finds the middle ground in appreciating John Forester, the father of vehicular cycling. Shockingly, it turns out drivers break the law more than cyclists. Turns out that the DC-area cyclist who killed a pedestrian recently wasn’t a spandex-clad maniac after all. North Carolina cyclists ride in honor of Steve Jordan, the state director for mental health, who was killed while riding his bike on the 4th of July. Florida plans to allow bikes on some limited access highways on a trial basis.

A San Diego physician saves the life of a doored cyclist while vacationing in Vancouver. The British Medical Association says curb car use and make room for bikes and pedestrians. From anorexic model to a favorite in team pursuit at the London Olympics. A British Paralympic cyclist sees her games in doubt after she’s Jerry Browned by a passing car. German cyclist Kristina Vogel bounces back from a broken neck to compete in London. A London cyclist rhetorically asks why not just ban bikes entirely after they’re barred from bus and Olympic lanes prior to the games. A British cyclist receives the equivalent of 36 cents in court ordered compensation for his stolen bike. “Pranksters” nearly decapitate a 12-year old English boy by stringing rope across the footbridge he was riding on; yeah, real funny. Tests show cyclists using earphones at a reasonable level can still hear warning sounds from other riders, comparable to a car driver with no music playing. An Aussie cyclist calls for an end to road rage.

Finally, that’s what I call a rough ride, as a Type 1 Diabetic riding in the Tour Divide stops to check his blood sugar, encounters a bear, slides off of an embankment and nearly drowns in a river before making his way back to his bike — and on to a hospital. This is what I call a sharrow. And these are the rules that should govern every bike club:

1) Ride Bikes

2) Try not to be an ass

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My apologies to everyone who sent me links this past week. Between all the breaking news and an inadvertent email crash, I’ve completely lost track of who sent me what. But I am grateful to each of you, and hope you’ll all keep sending me more stories as we move forward.

Category: Best of, Bicycle Safety, Bikes & the Law, General, Injuries and Fatalities, Legal Cases, Stolen Bikes and Bike Crime / Tags: , , , , , , , , , ,

Christine Dahab to face felony DUI charges, ID in July Downtown bike fatality, Cpt. Hines behind bars

December 8, 2011 / / 3 comments

Against all odds, justice prevailed in Culver City.

According to the Culver City Patch, Christine Dahab has been charged with felony DUI and DWI in the June collision that left 13 cyclists injured — some seriously — when she plowed into a group of riders stopped on the side of West Jefferson Place.

The DA’s office charged Dahab on Nov. 11 with violating California Vehicle Code Section 23153 (A) [Driving Under the Influence of Alcohol causing injury], and California Vehicle Code Section 23153 (B) [Driving while Intoxicated above a .08 blood alcohol content, causing injury].

Both charges are felonies. Dahab wil be formally arraigned at the Los Angeles Airport Court on Dec. 22.

Many local cyclists had given up on ever getting justice in the case, following an initial finding by the LAPD that the cyclists were at fault for standing in the roadway.

According to the finding, the riders became pedestrians the moment some had dismounted from their bikes to wait for stragglers, and so could not legally stand in the roadway — even though most, if not all, of the riders were waiting in the parking lane rather than the traffic lane.

And police falsely claimed that Dahab’s visibility was limited by a blind curve, even though a subsequent test by local riders made it clear that the cyclists should have been readily visible to any non-distracted driver.

To make matters worse, some irresponsible members of the press quoted an unidentified LAPD officer implying that the riders were engaged in a drunken orgy in the middle of the street, noting the presence of beer bottles and condoms in the area where the cyclists were waiting. Yet failed to observe that the area is a popular hangout for people looking for a secluded place to party, and that they could have been left there days or weeks before.

It’s a slander that has entered the public consciousness, as shown by today’s report by LAist that claimed authorities had “found alcohol, condoms and marijuana used by the group.” Even though no reports at the time had ever connected the objects to the riders themselves.

Fortunately, later examination of the city limits revealed that the collision had actually occurred in Culver City.

And while it may have taken a long time, the results indicate that the CCPD took the matter seriously despite the LAPD’s initial finding, and an investigation hampered by the reluctance of many witnesses to come forward.

Thanks to Steve Herbert for the heads-up.

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Thanks to the efforts of cyclist/attorney Dj Wheels, we finally have a name for the cyclist who was killed at 8th and Francisco in Downtown L.A. last July.

While the collision was initially reported as collateral damage in a road rage case, the LAPD investigators quickly ruled that out for a lack of evidence, despite witness reports that the driver had been arguing with another driver.

Instead, police investigators ruled that Victor Apaseo-Rodriguez was killed as a result of a narrowed roadway, combined with drivers angling to enter a freeway onramp.

Part of the delay in identifying Rodriguez was the difficulty contacting his next of kin, who lived outside the country. Yet even after they were notified, I was unable to get either the name of the victim or the driver charged with causing his death, despite repeated requests.

Fortunately, Wheels succeeded where I failed.

Acording to Wheels, the driver, Phillip Goldburn Williams, was charged with a misdemeanor count of vehicular manslaughter without gross negligence on October 6th, and arraigned in Metro Court Dept. 60 on October 28th, case number 1MP09818. However, Wheels notes that Williams’ attorney did not enter a plea at that time, and the case has been continued to January 19, 2012.

It will be interesting to watch this case move forward, and see if there’s a reason why authorities were so reluctant to release information that should have been a matter of public record

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Speaking of Dj Wheels, we both had a brief scare earlier in the week when it appeared that disgraced Long Beach Fire Captain John Hines had been released on time served, despite a sentence of one year in Orange County jail.

And even that seems like a slap on the wrist for critically injuring cyclist Jeffery Gordon while driving drunk at nearly three times the legal limit — then driving home, reportedly without slowing down, leaving his victim bleeding in the street.

This from a man trained to save victims just like the one he caused.

Fortunately, it was all a misunderstanding.

Wheel’s had followed up on Hines’ incarceration, only to discover that the OC Sheriff’s inmate locator page said Hines had been released at 9:40 am on November 30th. What it didn’t say, and what was missing from all the news stories about his sentencing, was that the judge took the current prison overcrowding problems into account in crafting his sentence, and ruled that Hines can spend his time in an approved city jail, monitored by the county probation department.

In effect, it’s a tougher sentence then he would have gotten in county lockup, where Hines could have enjoyed a Lindsay Lohan-like express route through the system, and been released after serving less than half his already light sentence.

Now he will be required to serve out the full time.

Wheels also notes that the judge specifically structured the sentence to prevent Hines from getting credit for his time in rehab. And that his five-year probation following his release won’t be an easy path, but instead will require monthly reporting duties and fees, along with possible warrantless searches — and that any screw-up anywhere along the way could mean an immediate trip to state prison to serve out the remainder of the probationary period.

So maybe, just maybe, this was less a slap on the wrist than a swift kick in the ass.

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Despite reports to the contrary, Stephanie Segal has not been sentenced in the death of cyclist James Laing.

There was some confusion when she was expected to plead to guilty at a hearing on November 29th. However, the defense balked after asking the judge for an indicated ruling — that is, an estimate of what the sentence would be if the defendant changed her plea in open court.

When the defense heard a possible sentence in excess of nine years, they immediately withdrew the plea; a preliminary hearing is now scheduled for December 13th.

It sounds like the judge is giving this case the serious consideration it deserves, and for a change, intends to hold Segal fully accountable for getting drunk and killing another human being.

Now if we could just get him to talk with the CHP.

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Last night, I received an email from one of the two riders who tried to assist Carol Schreder immediately after the collision that took her life on Mulholland Hwy last Saturday.

In it, he described comforting her until the paramedics arrived, noting that she was unresponsive, but did manage to squeeze his hand as he held hers. He did not want to share the devastating details in the comments on here, but wanted to come forward to help her family and friends as they try to piece together what really happened that day.

Personally, I can’t think of any higher act of kindness that any person could perform than to simply be there for someone so badly hurt, and let her know she’s not alone in her time of need. My heart goes out to him as he continues to struggle with the painful memories of that morning.

As well as my thanks for stepping up to help a total stranger.

He also mentioned that a doctor came along to help before the paramedics arrived, as well as a photographer to took some pictures of the collision scene. And sure enough, earlier this morning I saw a photo posted online that appeared to show Schreder’s bike shortly after the wreck.

While there was nothing identifying it as the bike she’d ridden, it looked identical to her bike in every way, and was dated the same day as her collision.

But what the photo showed was shocking.

While the CHP has stated that the driver’s van and trailer jackknifed, striking Schreder’s bike with the right rear of the van, this photo clearly showed the aftermath of a rear end collision. The rear wheel of the bike was jammed under the van’s left front wheel, and a gash in the frame corresponded to the upper ridge of the van’s front bumper, with the van coming to rest at a nearly 90-degree angle to the side of the road.

Simply put, it would have been physically impossible for the bike to have ended up in that position if the collision occurred the way the CHP described. Which calls into further question their already dubious decision not to file charges or ticket the driver, calling it just an “unfortunate accident.”

Unfortunately, shortly after I emailed the photographer to ask for permission to use his photo, the shot disappeared from his website, and I have not received a response as of this writing.

I can only hope that he will do the right thing.

And regardless of whether he ever lets me share it with you, that he will forward it to the CHP and Schreder’s family, so they can get the justice they deserve in this case.

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Finally, in one of the most bizarre cases I’m aware of, a Virginia driver is fined just $500 for recklessly running down a German tourist touring the U.S. by bike — then initially fleeing the scene before returning, claiming he was chasing a mythical driver who forced him off the road.

That’s $500 for putting a visitor to this country into a coma he may never come out of.

And that’s what too often passes for justice for cyclists in America.

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