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#1 2015-12-22 17:03:18

dougmc
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Registered: 2008-06-01
Posts: 583

Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

Stephen was killed in a collision with a pickup truck on Brodie Lane in Shady Hollow this morning right before dawn.

Few details have been provided so far.

http://kxan.com/2015/12/22/man-killed-i … odie-lane/

http://www.statesman.com/news/news/traf … ist/nppxz/

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#2 2015-12-28 11:33:16

owlman
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Registered: 2011-12-16
Posts: 142

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

Photo of police paint markings, from bikemule on reddit: http://i.imgur.com/OdJPPYw.jpg

Statesman pic of police photographing the right front corner of the pickup: http://i.imgur.com/4VUzko1.jpg

Last edited by owlman (2015-12-28 21:19:17)

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#3 2015-12-28 12:53:53

MichaelBluejay
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From: Austin, TX
Registered: 2008-05-26
Posts: 1,321
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Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

Wow, until I saw the photo, I didn't realize that there was a sizable paved shoulder.  Assuming that the cyclist was in it (why wouldn't he be?), then the driver would have had to have been driving at least partially on the shoulder to hit him.

But of course, no charges filed.

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#4 2015-12-28 15:18:43

rmonsees
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Registered: 2008-05-27
Posts: 39

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

That is one humongous pickup truck, wide body with mirrors sticking way out.  I regularly see vehicles like this encroaching across road shoulders, because they barely even fit on the road.  These and trucks pulling wide trailers are my worst nightmare.  18 wheelers and busses are less dangerous than these, because those drivers are at least conscious that they take up a lot of space.

Rod

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#5 2016-01-01 00:16:24

dougmc
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Registered: 2008-06-01
Posts: 583

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

MichaelBluejay wrote:

Assuming that the cyclist was in it (why wouldn't he be?)

It's barely big enough for a cyclist.

That's one of those situations where personally I might be inclined to take the lane rather than the shoulder -- if you take the shoulder cars will be passing you at a foot or two (and it'll be completely legal for them to do so, because you're in a different lane and really they don't have much room to avoid it.)

Fortunately, traffic doesn't move particularly fast here.  Speed limit 35 if I recall correctly?

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#6 2016-01-01 16:03:43

rich00
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Registered: 2010-01-18
Posts: 166

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

How can we find out the results of the investigation? I want to know who was at fault. The media rarely ever follows up.

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#7 2016-01-01 23:46:48

MichaelBluejay
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From: Austin, TX
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Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

You'd contact APD to find out.  I'd be thrilled if you did that and reported back here.  I used to do that kind of thing, but I no longer have time, and after a while I got burned out anyway because nothing ever changed.

Recently, APD refused for months to give a crash report to a cyclist who was injured in a crash.  And when I was trying to follow the Tom Churchill case, the police gave me the "It's still under investigation" line for something like six months, and refused to estimate how much longer it would be "under investigation", until I shamed them in a TV news interview.  After that, they suddenly and immediately "finished" their investigation and turned the case over to the DA's office.

Incidentally, after that the DA's office themselves then stonewalled me, and when the case finally went to a grand jury, they no-billed the driver.  This was a case where a drunk driver who was probably speeding flipped his SUV after hitting a cyclist with a clear flashing red light on the back of his bike (and who was wearing a helmet, for all the good it did him).  A witness I interviewed told me that he and other observers were angry that Memon showed no remorse, acting like the whole thing was an inconvenience, and showing no concern at all for the young man who was lying in the street bleeding to death because of his reckless driving.  Note that in this case we had victories of the police actually turning the case over to the DA, and the DA actually sending it to a grand jury, only to then have the GRAND JURY drop the ball.  The lack-of-justice problems we face are not just the fault of the police, not by a longshot.

But I digress.  You want the results of APD's investigation, call APD.  I hope you'll do that and report back here.

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#8 2016-01-02 03:55:40

dougmc
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Registered: 2008-06-01
Posts: 583

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

MichaelBluejay wrote:

Note that in this case we had victories of the police actually turning the case over to the DA, and the DA actually sending it to a grand jury, only to then have the GRAND JURY drop the ball.

The grand jury doesn't drop the ball.  They rule on the case in front of them -- and almost always in the way that the DA wants them to rule.

After all, there is no defense, there's just the grand jury and the DA.  The DA can present as weak or as strong of a case as he wants -- if he wants to prosecute the case, he presents a strong case, and if he doesn't, he presents a weak case.

Don't blame the grand jury, they're just doing their job and aren't always given the whole story.  Blame the DA, and maybe the police if they screw up the investigation and don't give the DA enough to use, assuming that he really does want to prosecute.

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#9 2016-01-02 12:29:09

MichaelBluejay
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From: Austin, TX
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Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

I still blame the grand jury.  Even if the DA intentionally omitted the facts that the driver was drunk, the driver was speeding, the cyclist had a helmet, and the cyclist had a light, I'd expect grand jury members to ASK about at least some of those things, and I don't think the DA would *lie* about the answers.

The police and the DA may also have culpability, but the grand jury possibly failed to ask questions and certainly failed to indict.

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#10 2016-01-04 10:49:15

chavela
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Registered: 2008-06-03
Posts: 46

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

From someone in APD:

"You can put in a PIR if you’d like to know more specifics, however I believe it is still under investigation so they probably can’t release anything just yet.

He was riding on the shoulder going the wrong way (riding southbound in the northbound lane).

It’s case # 15-3560291 if you’d like to put in a formal request with records."

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#11 2016-01-04 15:27:57

owlman
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Registered: 2011-12-16
Posts: 142

Re: Cyclist Stephen Arthur Guiney, 55, killed on 12/22/15 on Brodie Ln.

You can also request the crash report from the state, costs $6.  http://www.txdot.gov/driver/laws/crash-reports.html

Anyone used to be able to order a report from that site in minutes--I bought one out of curiosity once--but now unless you're involved in the crash or an officer/insurer/reporter/etc I think you have to request a redacted version by mail.

Last edited by owlman (2016-01-04 15:28:09)

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