Old 10-25-06, 06:11 PM
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trekets
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I also found this today:

http://www.mercurynews.com/mld/mercu...s/15842818.htm

Driver guilty in cyclist death
MAN PLEADS NO CONTEST TO MANSLAUGHTER
By Howard Mintz, Mercury News, Posted on Wed, Oct. 25, 2006

A Fremont man could face 28 years in prison after pleading no contest Tuesday to vehicular manslaughter and two other felonies for plowing his car into an avid bicyclist who was killed while on a lunchtime ride in the Palo Alto hills last month.

With about a dozen members of the victim's bicycling club sitting in a Palo Alto courtroom, Chevelle Bailey, 41, entered his plea before Superior Court Judge Rise Jones Pichon. It was less than two months after he hit and killed 31-year-old John Peckham of Mountain View. Bailey's no contest plea is the legal equivalent of a guilty plea.

Unlike during his first court appearance in September, Bailey, dressed in red jail garb, was quiet and kept his head bowed as the judge read off the conditions of his plea. Bailey was animated and blurted out ``I didn't do it'' at his arraignment. But Tuesday, he politely agreed to plead no contest to vehicular manslaughter, driving under the influence while causing injury and a hit-and-run charge.

Court records allege that Bailey was high on methamphetamine and alcohol when his car hit Peckham on Old Page Mill Road at an estimated 60 to 90 mph.

The plea offered some satisfaction to members of the Webcor/Alto Velo Bicycle Racing Club who attended the hearing, but they want stiff punishment for Bailey.

``This guy needs to be off the streets,'' Brian Petersen, president of the cycling club, said outside court.

Mark Sanford, whose daughter, Cindy, had been living with Peckham and dating him for nearly a year, also attended the hearing. He plans to speak out for a long prison term when Bailey is sentenced in January or February.

``He's a menace to society, and the families don't want to see him again,'' Sanford said after the hearing.

Gary Goodman, Bailey's attorney, could not be reached for comment on why his client decided to plead no contest.

Supervising Deputy District Attorney Jay Boyarsky said he would seek the maximum sentence or close to it. Bailey, who has a robbery conviction and a DUI on his record, faces a sentence ranging from probation to 28 years and eight months in prison.

``The evidence against Mr. Bailey is strong,'' Boyarsky said. ``The best thing Mr. Bailey could have done is accept responsibility as soon as possible.''

Peckham was on a training ride with other club members Sept. 8 when he ventured a little ahead of the group and was hit by Bailey. Court records show that Bailey continued driving before crashing the car he was driving down an embankment.

Witnesses told police that Bailey opened a beer after the crash and said: ``I thought I was going to die, but I got out of the car like a soldier, cracked a beer and downed it.''

Members of Peckham's bicycling club have been grieving since the crash. The club recently held a memorial ride for the elite member that ended at the site of his death. Hundreds of cyclists took part in the silent ride -- and some were in court Tuesday.

``We're here to show support for John's memory,'' Kevin Susco said.

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Contact Howard Mintz at hmintz@mercurynews.com or (408) 286-0236.
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