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  1. #1
    Join Date
    Feb 2009
    Location
    Boulder
    Posts
    589

    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.

  2. #2
    Join Date
    Jun 2008
    Location
    Michigan
    Posts
    865
    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.

  3. #3
    Join Date
    Aug 2008
    Location
    North Texas
    Posts
    561
    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.

  4. #4
    Join Date
    May 2008
    Location
    northern Virginia
    Posts
    5,897
    Kenyonchris, we all appreciate it.

  5. #5
    Join Date
    Jun 2003
    Location
    MI
    Posts
    2,543
    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.
    2005 Giant TCR2
    2012 Trek Superfly Elite AL
    2nd Sport, Pando Fall Challenge 2011 and 3rd Expert Peak2Peak 2011
    2001 Trek 8000 SLR
    Iceman 2010-6th Place AG State Games, 2010-1st Sport, Cry Baby Classic 2010-7th Expert, Blackhawk XTerra Tri 2007-3rd AG

    Occasionally Updated Blog

  6. #6
    Join Date
    May 2008
    Location
    Beautiful, friendly Arkansas
    Posts
    51
    Quote Originally Posted by kenyonchris View Post
    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.

  7. #7
    Join Date
    Apr 2007
    Location
    Tulsa
    Posts
    307
    Quote Originally Posted by MartianDestiny View Post
    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!
    2009 Giant Avail Advanced 1
    2008 Trek FX 7.5 (Commuter)

    Baby Blue..retired to new rider: 2006 Giant OCR-C

 

 

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