Deputy kills 2, 1 in critical cond.

[Starfish]

I've been on the receiving end of people who made those choices already. V.

Me, too. I'm sorry you've had that experience.

[mimitabby]

it is quite likely that if a car had been where the bikes were, the occupants of that vehicle would be dead too (and maybe the deputy as well!)

[KSH]

I totally agree with Veronica on this one. I really feel for the family's of the couple that were killed but I feel equally sorry for the cop. Twenty-seven, first year on the job, his life is over now too. I will keep all involved in my thoughts and prayers.

His life is not over. He might pay a fine (maybe $200? something really low)... and that will be it.

You see, when a driver in a car hits and kills a cyclist, they are NOT brought up on involuntary manslaughter charges. That would only happen if he had hit and killed another person in a car.

That's where our laws really fail people.

[trinena]

Here are two SF Chronicle articles that made the front page this morning. The second one has stats about the decrease of accidents but increase in fatalities. It also says that accidents in rural areas or open highways tend to involve higher speeds than urban areas and speed is the highest contributing factor for fatality in a bike collision.

http://www.sfgate.com/cgi-bin/articl.../MNCTVH7DF.DTL

http://www.sfgate.com/cgi-bin/articl.../MNHPVHGQB.DTL

[Veronica]

His life is not over. He might pay a fine (maybe $200? something really low)... and that will be it.

You see, when a driver in a car hits and kills a cyclist, they are NOT brought up on involuntary manslaughter charges. That would only happen if he had hit and killed another person in a car.

That's where our laws really fail people.

What does money or jail time really do? I think the mental anguish he 's going to have is quite a lot of punishment. But if I ran the world... I would also make him to do community service giving speeches to groups about being more mindful of what you do.

V.

[mimitabby]

I find it ironic that after noticing that he killed somebody; he said "My life is over!" not "oh those poor people, what did i do?!"

[LBTC]

I find it ironic that after noticing that he killed somebody; he said "My life is over!" not "oh those poor people, what did i do?!"

Did he? oh!

I'm sending loads of butterflies down there....to the families of everyone involved, to the cyclist still in the hospital, to all the cyclists in the area, and to all the drivers in the area to help them realize that cyclists have as much right to be on the road as they do, and they should be treated with the same respect as cars are.

Hugs to all of you TE'ers in the SF Bay area,
~T~

[wackyjacky1]

You see, when a driver in a car hits and kills a cyclist, they are NOT brought up on involuntary manslaughter charges. That would only happen if he had hit and killed another person in a car.

Oy, I never thought of that. Argh!

[DDH]

His life is not over. He might pay a fine (maybe $200? something really low)... and that will be it.

You see, when a driver in a car hits and kills a cyclist, they are NOT brought up on involuntary manslaughter charges. That would only happen if he had hit and killed another person in a car.

That's where our laws really fail people.

Involuntary manslaughter charges are given to drivers who kills another in a vehicle. Anyone driving drunk and killing someone in the process or if it is proven that the person is driving reckless are charged with that very thing.

MANSLAUGHTER, INVOLUNTARY - In order for a person to be found guilty of involuntary manslaughter the government must prove that someone was killed as a result of an act by the person;

Second, in the circumstances existing at the time, the person's act either was by its nature dangerous to human life or was done with reckless disregard for human life; and

Third, the person either knew that such conduct was a threat to the lives of others or knew of circumstances that would reasonably cause the person to foresee that such conduct might be a threat to the lives of others.

[maillotpois]

You see, when a driver in a car hits and kills a cyclist, they are NOT brought up on involuntary manslaughter charges. That would only happen if he had hit and killed another person in a car.

Is this true? I don't see how you can make a distinction between car/bike for the victim. (Granted we didn't specifically address this issue in crim law and I'm dating myself to say how long ago I was in law school... ).

[GeoCam]

Sarah - I'm not going to say how long ago I was in law school either, but this statement really struck me as well and I had to go look it up.

Obviously, each state will have its own penal code, but at least for Texas and California, the statute says only "death of an individual" or "killing of a human being." It makes no difference whether the victim was in a car or on a bike.

Is this true? I don't see how you can make a distinction between car/bike for the victim. (Granted we didn't specifically address this issue in crim law and I'm dating myself to say how long ago I was in law school... ).

[invsblwmn]

Driving a car (AKA wielding a dangerous weapon) has far too long been considered a right rather than a priviledge by the general public. Any time that a person gets behind the wheel of a motorized vehicle (certainly one 1/2 ton or more) we need to take responsibility for control of that weapon and for the consequences of our choices (careless, reckless, or sleep related) while using it.
Our laws protect the rights of drivers, period. I was hit in a pedestrian crosswalk by an 80 year old man in Sept. 07 who was driving a SUV 40MPH plus in a 25MPH zone and charged with running a red light. He got an $150 ticket. He had a DUI in 2007 as well and was still driving legally. Guess what?? He is STILL driving legally.
I got a 2 1/2 week hospital stay, a couple of plates in my arm, rental wheelchairs, pain galore and a big wake up call.
No judgement on the young man here. He just should not have the right to drive for at least a period of time. What should occur is mandatory retraining, community service, restitution to the families (financial/in therapy, or however they see fit), and his prooving that he can consistantly handle this weapon PRIOR to his being allowed the priviledge of driving.
Two people are dead. They were following the law. Many of the news articles are about riding bikes safely. Give me a break. What about focusing on DRIVING safely??
Maybe this is a little personal for me, but anytime someone gets hurt consequences need to be a little heavier than guilt and a traffic ticket. Our roads are safer when drivers are safer.

[mimitabby]

Driving a car (AKA wielding a dangerous weapon) has far too long been considered a right rather than a priviledge by the general public. Any time that a person gets behind the wheel of a motorized vehicle (certainly one 1/2 ton or more) we need to take responsibility for control of that weapon and for the consequences of our choices (careless, reckless, or sleep related) while using it.
Our laws protect the rights of drivers, period. I was hit in a pedestrian crosswalk by an 80 year old man in Sept. 07 who was driving a SUV 40MPH plus in a 25MPH zone and charged with running a red light. He got an $150 ticket. He had a DUI in 2007 as well and was still driving legally. Guess what?? He is STILL driving legally.
I got a 2 1/2 week hospital stay, a couple of plates in my arm, rental wheelchairs, pain galore and a big wake up call.
No judgement on the young man here. He just should not have the right to drive for at least a period of time. What should occur is mandatory retraining, community service, restitution to the families (financial/in therapy, or however they see fit), and his prooving that he can consistantly handle this weapon PRIOR to his being allowed the priviledge of driving.
Two people are dead. They were following the law. Many of the news articles are about riding bikes safely. Give me a break. What about focusing on DRIVING safely??
Maybe this is a little personal for me, but anytime someone gets hurt consequences need to be a little heavier than guilt and a traffic ticket. Our roads are safer when drivers are safer.

++++

[lettyedge]

The sad part is that it could have just as easily have been one of us...in many other situations. I think that is the real tragedy. I'm certain all of us have had a bad experience with poor drivers at some point.
A few years ago UtahUtah passed a three-foot law that makes drivers keep a three-foot distance form cyclists.
This situation is completely different, especially considering he crossed the double yellow line. My point however, is that by passing these laws and bringing awareness, maybe more lives will be saved.
I personally have lost my uncle who was killed on his bike by a drunk driver, and also my Husbands sister was hit by a guy, who was never even cited for hitting her.
I just hope that more people will become aware.
This is just toooo tragic and life is too precious.

[PscyclePath]

The word now is that the deputy in question was arrested for drunken drivng a couple years ago, but was allowed to plea bargain into a charge for taking part in a speed exihibition on the highway, whatever that is.

I feel a little for the guy, but at least he is alive and able to maybe feel some remorse. Two law-abiding innocents are dead and cold in their graves, and another is probably maimed for life.

They haven't made enough buses yet to throw this dude under.