Tag Archive for plea bargain

Plea deal in drunken Oxnard hit-and-run that killed 16-year old boy, and crowdfund for fallen Rapha ride leader tops goal

Once again, a killer driver has been allowed to plead to reduced charges.

And reduced jail time.

Thirty-nine-year old Oxnard resident Julio Cesar Sanchez pled guilty to vehicular manslaughter with gross negligence in the drunken hit-and-run death of 16-year old Andres Hernandez, as the Port Hueneme boy was riding in Oxnard last September.

Sanchez also admitted to special allegations of fleeing the scene and committing a serious felony involving great violence.

He was sentence to nine years, after prosecutors dropped charges of second degree murder and gross vehicular manslaughter while intoxicated with prior DUI convictions, which could have resulted in a sentence of 15 years to life.

Instead, he’ll likely spend less than half his nine-year sentence behind bars.

Let’s at least hope he’s never allowed to drive again.

Photo by Suzy Hazelwood from Pexels

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A fundraiser to help defray funeral expenses for Rapha ride leader John Hermoso has reached over $12,900 in just one week, topping the $10,000 goal.

Hermoso, better known as Panduh in the cycling community, was killed in a head-on collision while riding the Santa Clara Truck Trail near Santa Clarita 12 days ago.

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Here’s your reminder to turn out for the LA City Council Budget and Finance Committee meeting on Friday to demand more funding for active transportation and Vision Zero in the coming fiscal year.

Unfortunately, the city council isn’t taking phone-in comments anymore following the reopening of City Hall, despite rising Covid rates. So you’ll have to show up in person, or email members of the committee in advance of the Friday afternoon meeting.

And if you have any question what difference more funding could make, just take a look at the photo in the tweet below.

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Your periodic reminder that this is what we could have in Los Angeles, where the terrain and weather are more inviting than London.

And London commutes didn’t look like this, either, until the city built out a network of bicycle superhighways just a few years ago.

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The annual Ride of Silence to remember the victims of traffic violence is scheduled for next Wednesday.

Unfortunately, there are no rides currently listed with the national registry in Los Angeles, Orange, San Diego or San Bernardino Counties for the day of the event.

However, the Pasadena Ride of Silence will return to the Rose Bowl as a daytime event on Saturday, May 21st.

Let’s hope more people will step up to host rides in Southern California over the next week. Because we really need to send a message this year.

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I’d watch it.

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Somehow, I think it will take just a little more than an illegible sign.

But maybe that’s just me.

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How to tell someone played hooky from physics class.

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The war on bikes may be a myth, but the war on bikes just keeps on going.

No bias here. A London man is roundly criticized for the crime of riding a Penny Farthing in traffic, while politely waving a driver to turn in front of him — then nearly getting hit when a second driver tries to do it, too.

Sometimes, it’s the people on two wheels behaving badly.

Bizarre story from Las Vegas, where a man faces murder charges for pepper spraying another man, then stabbing him to death, after accusing the victim of damaging his bike “with the help of a ‘hacker’ from Indiana.”

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Local

Streetsblog’s Joe Linton digs deep into Metro’s proposed budget for the 2023 fiscal year, which calls for a 27.2% increase in active transportation spending. Although the $80 active transportation budget is dwarfed by the agency’s proposed $634 million in highway spending, a 35% increase over this year.

Pasadena is celebrating an abbreviated bike month, condensing it down to just the last 19 days of the month.

 

State 

More information on the cryptically described hit-and-run we mentioned yesterday in San Diego’s Ocean Beach neighborhood, which left the bike-riding victim with major injuries; police are looking for a newer model white 4-door crossover-style SUV with silver alloy wheels, and probable damage to the right front, with a license plate beginning with 8YN. There’s a $1,000 reward for information in the caseThanks to Keith Johnson for the heads-up.

Morgan Hill-based Specialized is developing a new e-cargo bike sub-brand extension called Globe, specifically designed to replace car trips, while priced below the company’s Turbo ebike line.

 

National

Bicycling offers their picks for the best road bike wheels to “improve your speed, enhance you ride quality, and take you farther than ever.” As usual, read it on Yahoo if the magazine blocks you.

Denver area residents reached out to replace the ebike a Vietnam war vet relied on as his only form of transportation, after it was stolen from a Walmart bike rack.

She gets it. The executive director of Chicago’s Active Transportation Alliance calls out the city’s failure to improve a deadly intersection, saying no one should die just because they use a bike to get around.

Pittsburgh is getting a new ebike-based bikeshare system.

New York’s new $4 million traffic safety campaign telling drivers to slow down seems to be having the opposite effect, with a dozen people killed in crashes in the first week.

 

International

Off.Road.cc delivers a primer on frame geometry, while Cycling Weekly discusses frame materials, suggesting metal frames offer benefits over carbon fiber.

A Calgary, Alberta couple dug up a metal 1935 bike license while working in their garden. Note that it wraps around the frame, and would be virtually invisible to anyone at a distance, for all those who insist bicycles should a license to force scofflaw riders to behave.

A Toronto paper demonstrates the right way to write a headline, reporting that a “Cyclist was struck by a driver while walking his bike across the street.” My only quibble is that the victim is a person, not a cyclist. But still.

The US military garrison in Wiesbaden, Germany offers advice on how to ride in the country.

 

Competitive Cycling

Lennard Kämna took Tuesday’s Mt. Etna stage of the Giro in a breakaway; the 23-year old German pro is making a successful comeback after last season was derailed by physical and mental health problems.

Columbia’s Miguel Ángel López withdrew from the Giro after getting dropped in the first miles of Tuesday’s fourth stage; he reportedly suffers a left hip injury that failed to bounce back on Monday’s rest day.

Dutch star Mathieu van der Poel is taking a sabbatical from mountain biking to focus exclusively on road racing this year, before returning to the sport for the 2024 Paris Olympics.

Colorado’s annual Durango to Silverton Iron Horse Challenge celebrates its 50th year at the end of this month.

 

Finally…

Apparently, London doesn’t have the only bike-riding cat. Now you, too, can be the proud owner of a Giro d’Italia NFT.

And this one hits right where I live, at the intersection of bikes and corgis.

But evidently, they’re not the only canine bike racing fans.

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Be safe, and stay healthy. And get vaccinated, already.

Oh, and fuck Putin, too.

One year in jail for underage, allegedly drunk driver who nearly killed cyclist Adam Rybicki.

Is a single year in county jail really enough for an underage drinking and driving spree that injured two cyclists — nearly taking the life of one and leaving him with life-altering injuries?

Sources tell me that a plea deal has been reached in the case of Jaclyn Andrea Garcia, the 19-year old driver accused of plowing into a group of cyclists early on the morning of Sunday, April 3rd — while still drunk from the night before.

In fact, I’m told that at the time of the 7:15 am collision, she still had a BAC of 0.15, nearly twice the legal limit.

Reportedly, she will be sentenced to one year in jail, though current jail overcrowding conditions mean she’s likely to serve less than six months.

Maybe far less.

In addition, she’ll face three years probation after her release, including a requirement that she wear the SCRAM alcohol monitor made famous by Lindsey Lohan. We can only hope it will be more effective than it was with her more famous compatriot.

She also have her driver’s license suspended for just one year. This despite at least four moving violations in the last three years, as well as allegedly totaling her car in a previous collision.

Hopefully, it won’t be the year she’ll be in jail and can’t drive anyway.

Meanwhile, I’m told that her primary victim, 49-year old Adam Rybicki of Rancho Palos Verdes, continues to progress, albeit slowly, and faces a long, hard road to recovery; it remains to be seen whether he will ever regain even a semblance of the life he lived before Garcia ran him down.

Those with whom I’ve discussed the case consider the penalties likely to be imposed on Garcia to be very light given the extreme severity of Rybicki’s injuries. However, I’m told that the D.A. handling the case had his hands tied by the penalties allowed under the law for a first time vehicular felon.

One attorney who weighed in on the plea deal said that under current state law someone has to die before a heavy prison sentence can be imposed; from what I understand, Adam Rybicki came very, very close.

In fact, he probably would have if there hadn’t been an orthopedic surgeon on ride.

But at least she’ll have a felony conviction on her record, which will follow her for the rest of her life.

Meanwhile, Garcia has written a letter asking for leniency, which has been highly criticized by some who’ve seen it; at least some observers accuse her of failing to take responsibility for her actions and seeing herself as the victim.

“I ended up being involved in an accident where two bicyclists were injured.” (Garcia)

Beyond comprehension. She is the victim here?!? Accident?!? This is a @##$$%^^&&* felony!!! Two bicyclists were injured!?! With a blood alcohol level of 0.15, she drove a vehicle directly into the path of law abiding cyclists and assaulted them with her vehicle.

“One thing that people have said about me is the fact that I was emotionless at the time of the accident. I was far from that.”

Well, yes, people did observe that appearance. She may be on the mark here. She was beyond emotionless; she was nearly unconscious! That, however, does not constitute emotion. Still no responsibility. She certainly did not offer any help at the scene of the accident; compassion, not hardly.

The case has been continued until Monday, September 12th at 8:30 am in Department 5, Room 403 of the Inglewood Superior Court.

At that time, she is expected to change her plea to guilty, and the court will hear statements from the victims — or in Rybicki’s case, his family members — and other interested parties.

And before the day is over, Jaclyn Andrea Garcia is likely to be sentenced for failing to kill Adam Rybicki, if only barely.

Whether justice will be served depends entirely on your perspective.

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In another case, Victims Impact Statements will be heard on Wednesday, September 7th in the case of Stephanie Segal, charged with felony gross vehicular manslaughter while intoxicated and felony hit-and-run in the death of cyclist James Laing; Segal reportedly had a BAC of .26 at the time of the collision. The hearing is now scheduled for 10 am  — I’d previously reported it would start at 8:30 am — in Department 1 of the Malibu Courthouse, 23525 Civic Center Way.

Cyclists are urged to attend wearing bike jerseys to show support for Laing and his family; however, long pants are required in the courtroom.

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