Cyclists are frequently the victims
of harassment and event assult from motorists. Worse,
motorists often face no penalty for comitting these crimes.
We cover several local examples of this on our No Justice for
Cyclists page. We don't
have the resources to cover incidents outside of Austin, but
below are a few examples on non-Austin no-justice issues --
cases in which the motorist either faces little or no
penalties, or the motorist fled the scene after hitting the
cyclist.
Driver gets only
probation for hit-and-run killing of cyclist
(Lubbock,
TX)
Callie Long hit bicyclist Brett Walrath with her Lexus
in 2003 and left him for dead. She was caught, tried,
and convicted, but given only five years of probation. She
paid no fine, and as long as she doesn't violate her
probation, will face no jail time. Adding insult to injury,
the newspaper article reporting the slap on the wrist shows an
ad for a car right smack dab in the middle. (Lubbock
Online on the conviction,
and on the sentence)
Motorist gets only community service
for killing cyclist in hit & run
(Garland,
TX)
From KLRD and the Garland Police Department,
Friday, June 16, 2006
Charges have been filed against a Garland man in a fatal
hit-and-run this morning. Garland police arrested
43-year-old Nduka Kula [Kalu?] at his home and he's been charged
with failure to stop and render aid, resulting in death.
Officer Joe Harn tells KRLD News at about 4:30 a.m., someone
hit the bicyclist on the eastbound service road of I-30
between Zion and Bobtown. A white bumper from the car was
left behind. Police found the car -- a 1993 Geo Prizm -- at
Kalu's home about a mile from the accident scene. A photo
from the police department shows damage to the front end and
both passenger-side windows are shattered. The bicyclist has
been identified as 30-year-old Robert Bird of Garland.
Update, 10/15/11: "i am amy benton and i was
robert
bird's girlfriend at the time of his death. i want to thank you for the
attention you have shown to the cause for no justice for bicyclists and
inform you that i have a memorial page for robert wayne bird on fb with
a group called no justice for bicyclists in robert wayne bird aka bill
bird aka superman..... after 40 resets for trial the jury was selected
this month on october 11, 2011 and the following day the trial for
nduka o kalu began for the charge of felony for failure to stop and
render aid resulting in death of victim robert wayne bird. the trial
only lasted for 3 days and even though there was testimony that shows
the defendant stopped 250 feet from the accident and removed the
victim's shoe lodged or thrown into his vehicle during the impact and
then the defendant drove home and went to bed, leaving the scene
without notifying anyone..... he still was able to beat everyone else
in the courtroom to the parking lot where he was able to go home and
return to his life basically with only a slap on the wrist and a guilty
verdict. they found him guilty but all he will be getting for it is
community service which has shattered my heart all over again. i wanted
to tell you because you probably havent heard of the turnout of this
case and it has been 5 1/2 years since the hit and run and this past
week was the first time the man who was charged didnt reset the
courtdate...... i really understand that these laws need to change
because mr bird was a remarkable man and i feel he has gotten no
justice even though the man responsible was found guilty. it was like
they said, "yeah you are guilty, no doubt, but you can go home now,
check in with us, and you can just go about your life." seeing the
photos of the scene including robert birds condition at time of death
taken by the investigators conducting the scene for evidence.....
something i will never be able to erase form my mind even if i were to
go blind. all i got out of it was seeing his extremely mutilated and
distorted body is all i can say i walked away from this trial receiving
and i feel like it is happening to me all over again, mourning and the
tears. i wanted you to have the update because i know now that this
issue is not making the process we all want and i will be here to
support you in any time you need from here until the day i die. thank
you for doing something about it and i thank you for robert bird and
his family as well."
Motorist hit & runs
cyclist, other motorists continue on rather than stopping to
help
(Atlanta)
By Kevin Snedden, Sept. 4, 2004
When I started commuting through Atlanta four months ago,
I found and studied your remarkable and helpful website
[How to
Not Get Hit by Cars]. Despite my extra caution,
however, I am now typing this one-handed due to a fractured
collarbone and back injuries I suffered when cut off by a
driver who tried a right hook on me. His move was unique and
caught me off-guard, I will describe the events here.
It was 5:30 AM and dark. I have a good headlight and
blinking multi led taillight, and reflective stripe on my
trunk bag and blinking yellow led on my helmet back. The
accident scene was brightly lit from above with many Sodium
Vapor streetlights.
I had a green light and was making a left turn from the
left turn only lane of a four lane intersection. Two cars
idled at red lights to my right. As I entered the
intersection, I heard a car approach me from behind. Since I
was in a left only lane, I was surprised that as the car
overtook me on my left, it also veered suddenly to the
right. The action was so surprising and close that I had no
choice but to lock the brakes and end-over the trunk as the
car passed in front of me. (This maneuver definitely kept
from under the front of the car which did not stop.) After a
particularly violent landing in the middle of the
intersection, I recall using my good arm to unclip my right
foot and watching the car stop at the other side of the
intersection then speed away. A hit and run. The two
witnesses to this accident wasted no time driving around me
in the middle of intersection when their light turned green
so they could continue their trips uninterrupted.
I guess that the moral of this story is to be prepared
for a car driver to go way out of the lane in order to hit
you. Make an assumption that a car passing you from behind
is going to turn at you. What will you do?
Law professor
intentionally hits cyclist; her conviction is overturned
(Dallas,
TX)
A law professor admitted hitting and injuring a
cyclist with her car in May 2004, saying after her arrest,
"I only meant to tap him." Of course she later claimed
that she never meant to hit him. She was convicted in June
2005 and the jury sentenced to the lightest possible
punishment: two years in prison with a recommendation that
she be given probation and fined $1,000. The judge hearing
the case sentenced her to five years' probation. But even
that didn't stick: she got her conviction overturned on a
technicality. (Dallas
Morning News, Aug. 1,
2006)
So as of this writing, this bicyclist-attacking law
professor has paid no penalty for her crime.
Motorist
who kills child gets only traffic tickets
(Maryland)
My name is Doreen Tremper. I lost my son Billy Tyler
Tscheschlog on June 16, 2003 to a reckless driver who
received only simple traffic tickets as a result. Tyler
was riding his bike home from a neighbor's house and was
almost home when a Toyota Tacoma was heading down the road
at an estimated 50 mph in a 30 mph zone. This road is
straight so the driver (Robert Sloan) had a clear view of my
son. From what a witness said my son's hand went to his head
(we don't know why) he lost control of his bike and Robert
Sloan apparently saw this since he honked his horn but
continued to plow through my son anyway. I know Robert Sloan
did not try to stop because I was home at the time and I
heard a thump and then screeching of tires. My son
was thrown approximately 30 feet to where he landed by my
yard. All this person received from the courts were three
payable tickets, one for speeding, one for negligent
driving, and one for speeding on a highway. [In the
law, a highway means any road. I'm not sure how they came up
with two speeding tickets.] I am so filled with HATE
against our judicial system. All I get from them is a run
around.... I feel as if they are protecting Robert Sloan and
not my son! I have an appointment with the States Attorney
in December don't know what good this will do. I am going to
try and get other charges against him. I am willing to fight
however I can for my son!
The appropriate charge in this case seems to
be Criminally Negligent Homicide.
There's a memorial
tribute web page for Tyler, including a photo
of flowers and signs left at the scene of the collision.
-- Ed.
Police going easy on
murdering hit-and-run driver
(Garland,
TX)
Lorenzo Saavedra ran over a cyclist Carlos Suarez and
fled the scene. He actually aimed for the cyclist, according
to witnesses. A judge lowered his bail from $50,000 to
only $1,500, and a cyclist investigating the issue can find
no evidence of the existence of the magistrate who
supposedly signed for his release. (full
article) 9-02
Motorist intentionally
hits 10-year old
(Houston,
TX)
A motorist intentionally hit a 10-year-old boy for
allegedly throwing trash in the man's yard in Houston. The boy
suffered a head injury and was in serious
condition. (full article)
4-02
No charge against
speeding driver who killed cyclist (Norridgewock,
ME)
I saw your web page about bike safety and I felt I had
to write. My son, Brendan Batson, was killed on May 26
when a car hauling a stock car hit him in Norridgewock,
Maine. Your web page is SO right on. My son took all the
precautions you wrote, yet because of the carelessness of
the driver, he was killed. The driver was inches from him
and honked his horn. We still do not have the details, but
it looks like it was harassment. They still have not even
made a decision if they are going to charge the man who hit
and killed my son, even though he admitted at the scene to
speeding and to having "a few beers" earlier in the day.
His story is supposed to be in the New York Times this
weekend or next. Brendan left a sister and baby brother who
will never know him. He was training for a 200 mile bike run
for Make a Wish (a trip he organized all on his own). My
husband and I do not want his death to mean nothing, and if
getting the word out can help another parent from losing
their child, then that is what I want. Brendan died
needlessly and the word has to be out to bikers and motorist
about the need to Share the Road and to respect one another.
I hope you continue to get the word out. -- Yvonne
Batson, Norridgewock, ME, 7-01
DPS blames cyclists for
getting hit by intoxicated driver, DPS fails to investigate
properly (Tomball,
TX)
- A reader reports: On May 7, 2000, Conrad
Anderson was bicycling on the paved shoulder of FM 2920
in Tomball, TX when he was struck and killed by a
16-year-old motorist with drugs and alcohol in his
system. Despite the fact that the driver was intoxicated,
the cyclist was on the shoulder, and that signs along the
route indicated that the shoulder was a bicycle
lane/route, DPS told to the victim's daughter that the
cyclist should not have been riding on the road. Also,
DPS failed to do a proper investigation; their report
does not indicate measurements, the driver's speed, where
the victim landed, or where the vehicle finally rested.
(Read the full
story.)
No charges for
driver
(Tennessee)
Vince Vinson, 6-5-00:
I was riding my bike out of the city on a two-lane road
in the country at 1:30 in the afternoon on a sunny day. A
car struck me from the rear, and I was thrown onto the hood,
then windshield, over the top, then into a ditch. The man
stopped, had a cell phone, and called 911. I was air-lifted
to a hospital in Nashville, TN. Died once in helicopter,
then given blood, head degloved, compound fractures in arm.
He told the newspaper that he was going to pass, when a car
came over the hill he pulled back in and hit me. He was
trying to pass on a double yellow line, but got no ticket
and had no insurance. I am 40yrs old and have a business, I
was hospitalized for 1 month then lost my left leg below the
knee due to compartment syndrome that the hospital missed
because they had the leg in cast. I am concerned that the
man was never punished. What can be done? I will find out,
I'm going to talk to D.A. Any ideas, please email me.
Ed. note: If it
was easy to get justice, we wouldn't have several web pages
devoted to the lack of justice. We advised Mr. Vinson that
if his talks with the D.A. are fruitless, he should contact
an attorney.
Cyclists Assaulted in
Grand Prairie
Slick4slim [at] aol.com
Tue, 18 Apr 2000
On April 27, 1996, Gene Genet and Mark Metcalfe were
cycling together on the quiet country roads near Joe Pool
Lake south of Grand Prairie [Texas], when they
became the victims of a violent crime. A group of youths
approached them in a pickup truck, and hurled a one-gallon
plastic jug that had been filled with water and frozen into
a solid block of ice directly at them, collapsing Gene's
front wheel and causing both men to crash heavily. Mark
suffered a broken hip, requiring two surgeries and months
off work to heal; Gene landed on his head and was knocked
unconscious, suffering head, neck and back injuries. Both
men still suffer pain daily as a result of their
injuries.
Over four years later, on May 1, 2000, the trial of the
young man responsible for their assault will finally begin.
It has taken tremendous effort and perseverance on the part
of Mark and Gene, as well as the Tarrant County District
Attorney's office, to bring this case to trial. Testimony
will likely begin on Tuesday, May 2, and the trial is
expected to take 2-3 days. The prosecuting attorneys have
requested our help in securing a favorable verdict and an
equitable sentence by filling the courtroom with as many
friends, relatives and cyclists as possible, especially
during the sentencing phase of the trial. I will issue
updates as the date draws closer, and daily during the
trial, to let you know the most advantageous times to be
present. If at all possible, please make every effort to
attend all or part of the trial. We feel that the outcome of
this trial is vital to cyclists who use Texas roads, and we
need your help.
Tue, 2 May 2000
Jury selection began yesterday in this trial, and was
expected to continue today (Tuesday). However, late in the
day the prosecuting attorneys announced that they had
decided to make an offer (a four-year prison sentence for a
plea of "guilty" to assault with a deadly weapon), and that
the defendant is expected to accept the offer. This would
guarantee at least two years in prison before he would be
eligible for parole. Mark & Gene are meeting with the
prosecutors this morning -- I'll update you as soon as I
hear the outcome of that meeting.
May 4, 2000
Yesterday the defendant pled "guilty" to two counts of
second degree assault with a deadly weapon, and was
sentenced to three years in prison, with two years mandatory
before he's eligible for parole. Mark & Gene expressed
relief that they can now begin to put this long ordeal
behind them.
-
Drunk motorist gets
lesser charge for killing
cyclist
(Illinois)
In DuPage County, IL, drunk motorists who kill others are
often charged with reckless homicide. But in a recent case
in which a drunk motorist killed an African immigrant
cycling at night, the grand jury indicted the motorist on a
lesser offense. The Aurora motorist, whose blood alcohol
level was more than 50% over the legal limit, was convicted
only of drunk driving and causing great bodily harm.
(Chicago
Tribune article, 1-25-00)
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