Bicycle Austin forum

bizikletari

Member

Registered: 2009-03-18

Posts: 223

Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

Another fatal hit and run killing a cyclist in ATX

Editor's note: I'm including the whole KVUE article below, because they're no longer publishing it, so we're not competing with them by reprinting.

by HEATHER KOVAR / KVUE News and KVUE.com
Posted on September 24, 2012 at 11:56 AM

AUSTIN -- Police have released the names of the suspect and victim involved in a fatal hit-and-run accident early Sunday morning.
Robert Anthony Ramirez, 30, was riding his bike when he was hit and killed by Brian Adam Mahy, 26, just after 4:30 a.m. Sunday on the Ann Richards Bridge near South Congress Avenue and Riverside Drive.

Police say Ramirez was riding home from work when a dark colored Ford Mustang hit him. He died instantly.

The driver of the car, Mahy, initially left the scene, but later called 911 to turn himself in. He has been charged with intoxication manslaughter, a second degree felony, and failure to stop and render aid, a third degree felony.

Christopher Stanton founded the non-profit organization Ghisallo Foundation and says bikers and drivers need to be extra cautious on roadways. He wants to remind drivers about an Austin ordinance that says drivers must allow three feet when passing a cyclist.

"I  think drivers really don't realize how far three feet is. Three feet is from the center of my neck to the tip of my fingers." says Stanton.
Two people have died this year in bicycle crashes in Austin. This is Austin's 53rd traffic fatality of 2012.

Also see:
http://www.statesman.com/news/news/loca … t-1/nSLd4/
http://austinpedicab.org/2012/09/26/ped … g-bridges/

Last edited by bizikletari (2012-09-23 22:23:20)

cycling74

Member

Registered: 2008-09-28

Posts: 61

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

"The driver of the car initially left the scene, but later called 911 to turn himself in. Charges are pending but police say he faces felony charges for leaving the scene."

This is becoming standard procedure. Just sick.

Donald Lewis

Member

Registered: 2009-07-11

Posts: 184

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

"The driver of the car initially left the scene, but later called 911 to turn himself in. Charges are pending but police say he faces felony charges for leaving the scene."

This is becoming standard procedure. Just sick.

That's why charges for leaving the scene with serious injury or death involved should be as much or greater than for DWI.

But don't hold your breath.  Too many voters who drink and drive and sympathize with the practice.

Don

savanni

Member

From: Austin

Registered: 2011-04-30

Posts: 82

Website

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

That's why charges for leaving the scene with serious injury or death involved should be as much or greater than for DWI.

But don't hold your breath.  Too many voters who drink and drive and sympathize with the practice.

Don

Do DWI's that kill cyclists actually face charges?  Really?  That would definitely be news to me.  I think this guy got himself a harsher charge with "leaving the scene" than he would have with a DWI.  Not that I am optimistic that he'll spend any time locked away.

EDIT: the article has since been updated and the guy actually faces intoxication manslaughter.  I think I'm going to go die of shock.  I'll admit that I'm still not optimistic, though.  Also, they seem to be lowering the bicycle fatality count.  It clearly read six this morning, and now it reads two.  And even six felt a little low.

Last edited by savanni (2012-09-24 12:52:09)

Donald Lewis

Member

Registered: 2009-07-11

Posts: 184

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

That's why charges for leaving the scene with serious injury or death involved should be as much or greater than for DWI.

But don't hold your breath.  Too many voters who drink and drive and sympathize with the practice.

Don

Do DWI's that kill cyclists actually face charges?  Really?  That would definitely be news to me.  I think this guy got himself a harsher charge with "leaving the scene" than he would have with a DWI.  Not that I am optimistic that he'll spend any time locked away.

EDIT: the article has since been updated and the guy actually faces intoxication manslaughter.  I think I'm going to go die of shock.  I'll admit that I'm still not optimistic, though.  Also, they seem to be lowering the bicycle fatality count.  It clearly read six this morning, and now it reads two.  And even six felt a little low.

The reason they leave the scene is to avoid DWI charges.  Go sober up, stash your dope, come back later.  Pretty obvious the Nestande girl planned to escape DWI that way.  There is talk about witnesses that she was drunk, but at this time she has not been charged with DWI to the best of my knowledge.

Don

Donald Lewis

Member

Registered: 2009-07-11

Posts: 184

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

Looks like the law is on top of this one for once:  http://www.kxan.com/dpp/news/local/aust … on-Congres

Don

dougmc

Administrator

Registered: 2008-06-01

Posts: 631

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

There is talk about witnesses that she was drunk, but at this time she has not been charged with DWI to the best of my knowledge.

There's a lot of precedent for DWI cases, and in general I don't think witnesses are enough to support a DWI charge -- you need physical evidence (blood test, breathalzyer) to be sure.

Even a cop's statement only gives you a maybe in front of a jury.  (I've seen this first hand, being on a jury that acquitted a guy accused of his third DWI arrest.)

The killer in this case turned himself into the police while he was still drunk if I undertand correctly, so he skiped a crucial part of the general plan and so will probably get hit with appropriate charges.

Donald Lewis

Member

Registered: 2009-07-11

Posts: 184

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

There is talk about witnesses that she was drunk, but at this time she has not been charged with DWI to the best of my knowledge.

There's a lot of precedent for DWI cases, and in general I don't think witnesses are enough to support a DWI charge -- you need physical evidence (blood test, breathalzyer) to be sure.

Even a cop's statement only gives you a maybe in front of a jury.  (I've seen this first hand, being on a jury that acquitted a guy accused of his third DWI arrest.)

The killer in this case turned himself into the police while he was still drunk if I undertand correctly, so he skiped a crucial part of the general plan and so will probably get hit with appropriate charges.

Except he might say he got rattled and had a drink afterwards -- an age old ploy.  Did he drive back or some other means?

Don

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: Cyclist Robert Ramirez killed by hit-n-run driver 9/23/12 Cngrs/B.Spgs

The driver got only two years.  Big surprise.  When the victim is another driver, the sentence is generally longer.  When the victim is a bicyclist, not so much.

https://www.statesman.com/NEWS/20160923 … -bicyclist