Another cyclist gone, possible Murder charge

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07-01-2009, 12:11 PM
MartianDestiny

Another cyclist gone, possible Murder charge

Just pulled this link off of a post on Roadbikereview:

http://www.grandhaventribune.com/pai...9856388713.bsp

It's horrible to hear about the senseless death of yet another cyclist. This is the first time I've seen a report of a charge of murder, rather than manslaughter, though, and I hope it sticks. I sick of hearing about drivers that have histories of "reckless" driving (in any form) getting off with a wrist slap at best after running one of us down.

My thoughts go out to this kid's friends and family. In reality it won't matter much to any of them what the driver gets charged with :( Maybe stricter consequences can help the rest of us though.
07-01-2009, 03:56 PM
beccaB

I think this one's a victory for MADD as well as bicyclists. This is the state I live in. I have been hit by 2 drunk drivers(in my car, not bike) I have an extremely harsh opinion of people who drink and drive.
07-01-2009, 04:59 PM
kenyonchris

They can attempt to charge him with murder...if they can't prove intent, it will get downgraded to manslaughter, that won't happen till the DA kicks the case downhill if intent can't be shown. I would have charged him with murder, knowing that (in our county especially) the DA wouldn't take it. But he is on his third (I think?) DWI, that is a felony in itself. He is going to big boy jail.
Some people are idiots. They drive drunk with KIDS in their car, they take sleeping pills with their wine and put their kids in the car. That is a felony the first time, as it should be.
Bah. I hate hearing that, it makes me mad. The worst thing is that there are a lot of officers that hate doing DWIs because of the state mandated paperwork we have to do with them, and the fact that we are going to be put on the stand and grilled to death by a defense attorney who KNOWS his client probably was drunk, but is paid to make a jury, who typically knows NOTHING about field sobriety tests or the law in regard to them, see things that just aren't there. And the prosecutors in routine DWIs are typically underpaid new lawyers cutting their teeth in district court...they are usually sharkbait for the defense lawyers. I LOVE doing them, even though it means 3 hours of paperwork (and I am fast)...more if it is weird. I feel like I am saving someone somewhere.
07-01-2009, 05:06 PM
ny biker

Kenyonchris, we all appreciate it.
07-01-2009, 06:29 PM
limewave

That is from my home town.

We had another cyclist in a hit and run yesterday. They found the guy and are bringing four charges against him, one of them something with intent. I can't remember off-hand. Anyways, they can prove it because there are witnesses that heard and saw the driver blare his horn at the cyclist and then swerve to hit him with his car's mirror.

Welcome to cycling in Michigan. . . . I've had people try and clip me with their mirror before too. Even had someone throw bottles at me.

I don't get it.
07-09-2009, 04:51 PM
babynoahsmom

Quote:

Originally Posted by kenyonchris

They can attempt to charge him with murder...if they can't prove intent, it will get downgraded to manslaughter, that won't happen till the DA kicks the case downhill if intent can't be shown. I would have charged him with murder, knowing that (in our county especially) the DA wouldn't take it. But he is on his third (I think?) DWI, that is a felony in itself. He is going to big boy jail.
Some people are idiots. They drive drunk with KIDS in their car, they take sleeping pills with their wine and put their kids in the car. That is a felony the first time, as it should be.
Bah. I hate hearing that, it makes me mad. The worst thing is that there are a lot of officers that hate doing DWIs because of the state mandated paperwork we have to do with them, and the fact that we are going to be put on the stand and grilled to death by a defense attorney who KNOWS his client probably was drunk, but is paid to make a jury, who typically knows NOTHING about field sobriety tests or the law in regard to them, see things that just aren't there. And the prosecutors in routine DWIs are typically underpaid new lawyers cutting their teeth in district court...they are usually sharkbait for the defense lawyers. I LOVE doing them, even though it means 3 hours of paperwork (and I am fast)...more if it is weird. I feel like I am saving someone somewhere.

My husband is a DA. He and his firm are not underpaid or new. They take cycling accidents, thefts, etc. very seriously. I think if you have a DA that is a cyclist it makes the most difference. It is up to the attorney to educate the jury in re to the tests, etc. It is wonderful that you are being proactive in re to DWI. Keep up that attitude. You probably have already saved a life.
07-09-2009, 05:52 PM
kenyonchris

Quote:

Originally Posted by babynoahsmom

My husband is a DA. He and his firm are not underpaid or new. They take cycling accidents, thefts, etc. very seriously. I think if you have a DA that is a cyclist it makes the most difference. It is up to the attorney to educate the jury in re to the tests, etc. It is wonderful that you are being proactive in re to DWI. Keep up that attitude. You probably have already saved a life.

That's a great thing to have a DA (and a DH) that will crack down on that. It isn't like that everywhere. I was just on the stand in a DWI...I pulled her over for going 56 in a 45 mph zone that was very busy (it was about 7pm). She was a mess. I got six clues on HGN, and she looks terrible on walk and turn and OLS...it is all on video. So is the jail tape, where I read her statutory warning and ask her to submit a sample of her breath. She can refuse or submit it. She asks me for my advice, which I tell her I can't give. She wavers back and forth, then finally says, "Go ahead, take my blood! I am not drunk!" I say, "Ma'am, I am not asking for your blood, I am asking for your breath." (we don't do blood draws unless we suspect drugs, it is policy). The prosecuter did not explain the statutory warning or ask me to, or explain to the jury the policy (which he did ask me about off the stand) and why. So they let her go, with the reasoning that I should have taken her blood. The prosecuter told me that he messed it up...forgetting something so obvious. The DA is ok, and the prosecutors are all OK, but they are underpaid, overworked, and overwhelmed...here anyway. Lots of guys won't do DWIs because they are left dangling on the stand like that.
07-09-2009, 09:20 PM
BabyBlueNTulsa

Quote:

Originally Posted by MartianDestiny

Just pulled this link off of a post on Roadbikereview:

http://www.grandhaventribune.com/pai...9856388713.bsp

It's horrible to hear about the senseless death of yet another cyclist. This is the first time I've seen a report of a charge of murder, rather than manslaughter, though, and I hope it sticks. I sick of hearing about drivers that have histories of "reckless" driving (in any form) getting off with a wrist slap at best after running one of us down.

My thoughts go out to this kid's friends and family. In reality it won't matter much to any of them what the driver gets charged with :( Maybe stricter consequences can help the rest of us though.

This is so senseless and awful. I hate to hear more and more stories like this. <shaking my head>

KC - thank you AGAIN for keeping up with the fight!
07-10-2009, 07:23 AM
wannaduacentury

Quote:

Originally Posted by babynoahsmom

My husband is a DA. He and his firm are not underpaid or new. They take cycling accidents, thefts, etc. very seriously. I think if you have a DA that is a cyclist it makes the most difference. It is up to the attorney to educate the jury in re to the tests, etc. It is wonderful that you are being proactive in re to DWI. Keep up that attitude. You probably have already saved a life.

Speaking of DA's as cyclists, I know one in my area who was hit a few years ago, required a trip to a trauma ctr by helicopter. He survived and is well today, but I think he mtn bikes now, no road trips for him. Cause of accident, a young woman turned around to the backseat to look after a child and hit 3 cyclists. Two seconds of distraction and inattention! She should have pulled over to attend to her passengers instead of endangering others on the road. arrrgh!!! Jenn
07-10-2009, 08:07 AM
tantrumbean

Different scenario, but we had this in the news :mad::

http://www.eveningtimes.co.uk/news/d...3_is_raped.php
07-10-2009, 06:59 PM
wannaduacentury

Quote:

Originally Posted by tantrumbean

Different scenario, but we had this in the news :mad::

http://www.eveningtimes.co.uk/news/d...3_is_raped.php

That's horrible, that poor woman. I hope they catch him and put him away forever. Jenn