Man Who Hit Cyclists Faces House Arrest
08-10-06, 08:15 AM
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Man Who Hit Cyclists Faces House Arrest
The following snippet written by Paula McCooey appeared in the August 10, 2006 edition of The Ottawa Citizen:
"A man who ran a group of cyclists off the road and then drove off had his driver's licence revoked and was handed a 12-month conditional sentence yesterday.
Richard Martin, 41, was convicted in April of dangerous driving causing bodily harm and leaving the scene of an accident.
Court found that Mr. Martin swerved his pickup truck into the leaders of a group of 10 cyclists from the Ottawa Bicycle Club as they rode along Riverside Drive.
One of them fell, causing a chain reaction.
Mr. Martin sped away, but another driver got his licence plate number.
"I think it is certainly a reasonable decision and one that hopefully should send a clear message that drivers better be careful and that they are not to be aggressive toward cyclists," said one of the leaders struck, Ron Amero, 61. He added that the group's members were riding two abreast as they had been instructed to by the Ontario Provincial Police.
The cyclists, including Mr. Amero and the other leader, Jess Raymond, 57, suffered various injuries, from minor cuts to broken bones.
Thousands of dollars' worth of high-end bicycles were damaged and some cyclists endured months of physiotherapy and loss of wages as a result.
In June, Crown prosecutor John Campbell suggested Mr. Martin, who pleaded not guilty to the charges, serve two years less a day.
Defence lawyer Kimberley Pegg suggested a fine and probation was appropriate because, she said, there was "no malevolence" intended by her client. Witnesses, however, said they saw Mr. Martin and his son look back seconds after the cyclists tumbled in a domino effect.
Justice Judith Beaman took into account the fact that Mr. Martin is a father with no criminal record who has not breached his bail conditions. However, she said she could not turn a blind eye to the fact he had plead not guilty and showed no remorse for his "callous" actions.
"The consequences could have been more tragic, his actions show a lack of judgment and disregard for the safety and security of the cyclists," she said.
She did, however, note that there was no alcohol involved and that Mr. Martin "did not drive complainant down and back over him again" as had happened in other similar cases.
Considering the principles of deterrence, she said "rehabilitation has no role" in his sentencing.
"'I am sorry for anything I have done to disservice the community and my family," said when asked if he would like to address the court.
Judge Beaman handed Mr. Martin a 12-month sentence to be served in the community under supervision -- eight months for dangerous driving causing bodily harm and four months for leaving the scene of an accident.
She noted the damage to the bikes of three of the victims totalled about $6,000, which he will have to pay.
He is required to stay at home except to go to court, medical appointments and work, and for three hours a week when he can leave to do errands.
The judge also imposed a one-year driving suspension and 12 months of probation, and ordered Mr. Martin to do 120 hours of community service."
Does the penalty fit the crime? Hmmm.......
"A man who ran a group of cyclists off the road and then drove off had his driver's licence revoked and was handed a 12-month conditional sentence yesterday.
Richard Martin, 41, was convicted in April of dangerous driving causing bodily harm and leaving the scene of an accident.
Court found that Mr. Martin swerved his pickup truck into the leaders of a group of 10 cyclists from the Ottawa Bicycle Club as they rode along Riverside Drive.
One of them fell, causing a chain reaction.
Mr. Martin sped away, but another driver got his licence plate number.
"I think it is certainly a reasonable decision and one that hopefully should send a clear message that drivers better be careful and that they are not to be aggressive toward cyclists," said one of the leaders struck, Ron Amero, 61. He added that the group's members were riding two abreast as they had been instructed to by the Ontario Provincial Police.
The cyclists, including Mr. Amero and the other leader, Jess Raymond, 57, suffered various injuries, from minor cuts to broken bones.
Thousands of dollars' worth of high-end bicycles were damaged and some cyclists endured months of physiotherapy and loss of wages as a result.
In June, Crown prosecutor John Campbell suggested Mr. Martin, who pleaded not guilty to the charges, serve two years less a day.
Defence lawyer Kimberley Pegg suggested a fine and probation was appropriate because, she said, there was "no malevolence" intended by her client. Witnesses, however, said they saw Mr. Martin and his son look back seconds after the cyclists tumbled in a domino effect.
Justice Judith Beaman took into account the fact that Mr. Martin is a father with no criminal record who has not breached his bail conditions. However, she said she could not turn a blind eye to the fact he had plead not guilty and showed no remorse for his "callous" actions.
"The consequences could have been more tragic, his actions show a lack of judgment and disregard for the safety and security of the cyclists," she said.
She did, however, note that there was no alcohol involved and that Mr. Martin "did not drive complainant down and back over him again" as had happened in other similar cases.
Considering the principles of deterrence, she said "rehabilitation has no role" in his sentencing.
"'I am sorry for anything I have done to disservice the community and my family," said when asked if he would like to address the court.
Judge Beaman handed Mr. Martin a 12-month sentence to be served in the community under supervision -- eight months for dangerous driving causing bodily harm and four months for leaving the scene of an accident.
She noted the damage to the bikes of three of the victims totalled about $6,000, which he will have to pay.
He is required to stay at home except to go to court, medical appointments and work, and for three hours a week when he can leave to do errands.
The judge also imposed a one-year driving suspension and 12 months of probation, and ordered Mr. Martin to do 120 hours of community service."
Does the penalty fit the crime? Hmmm.......
08-10-06, 08:21 AM
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I'm curious. What would the likely local penalty be for charging the cyclists with a knife and tackling the leader and stabbing him. Motor-cages are like magic "get out of gael free" cards.
08-10-06, 08:47 AM
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Originally Posted by pHunbalanced
I'm curious. What would the likely local penalty be for charging the cyclists with a knife and tackling the leader and stabbing him. Motor-cages are like magic "get out of gael free" cards.
And im normally not one to mention spelling but what exactly is gael? Not sure if thats what was meant to be typed but if so im curious as to the origin.
08-10-06, 08:52 AM
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Originally Posted by nova
And im normally not one to mention spelling but what exactly is gael? Not sure if thats what was meant to be typed but if so im curious as to the origin.
08-10-06, 08:52 AM
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IMO yes the penalty fit's the crime. I get the feeling form what I read justice Beaman's penalty would have been a lot stiffer had the driver caused worse harm or death or had he been drinking & driving at the time. Granted he is subject to hourse arrest, but only 3 hours a week to do personal stuff, I think that is pretty stiff. He has had some of his freedoms taken away from him for a time.
In the U.S. the driver would probably be arrested & only serve a certain amount of time in jail, far less then a year, then be scott free to do what he pleases. And except for the time he is jail he will not lose his legal ability to drive. And unless the driver has insurance it is doubtful if the U.S. court would make him pay for the damages to the bicycles.
Compared to Canada, the court system in the U.S. are far more forgiving. At least IMO in this case.
In the U.S. the driver would probably be arrested & only serve a certain amount of time in jail, far less then a year, then be scott free to do what he pleases. And except for the time he is jail he will not lose his legal ability to drive. And unless the driver has insurance it is doubtful if the U.S. court would make him pay for the damages to the bicycles.
Compared to Canada, the court system in the U.S. are far more forgiving. At least IMO in this case.
08-10-06, 08:56 AM
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Originally Posted by pHunbalanced
It's an archaic spelling of the place lawbreakers are sent for safe holding. A few keys on my keyboard don't work, so I must be creative at times.
Ahh cool here we call it jail. Im guessing its pronounced much the same way.
08-10-06, 09:44 AM
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Something similar happened here in Miami a few years ago. Some guys in a truck intentionally ran into a couple of guys in a big group, after the usual "Get the f@ck of the road, you ******s" and the argument that ensues. The pack sped up and caught up with the guys who were stopped at a light, dragged the driver out and beat him bloody.
The nancy driver was interviewed in the press and made himself out to be the "poor suffering victim" in the whole episode.
The nancy driver was interviewed in the press and made himself out to be the "poor suffering victim" in the whole episode.
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Il faut de l'audace, encore de l'audace, toujours de l'audace
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08-10-06, 10:33 AM
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i was in a week long tour ride in texas. a truck hit and damaged the bicycle. the rider complained that he wanted a new bike by tommorrow. he was pretty upset with blood dripping along his arm. the driver said nothing.
one hour later, the same driver and truck(we all started telling the cops that we recognized him as the guy who ran into another cyclist) ran into another one of ours. His hood was caved in. the bicycle rider was hit so hard he flew up in the air and landed on the hood and windshield. ambulance arrived and he was on life support. if i remember correctly he was in a coma. he did not make it and his wife who was in a sag car donated his organs.
she got up in front of the riders and told us that she was not going to press charges as that it was an accident.
what do yall think?
one hour later, the same driver and truck(we all started telling the cops that we recognized him as the guy who ran into another cyclist) ran into another one of ours. His hood was caved in. the bicycle rider was hit so hard he flew up in the air and landed on the hood and windshield. ambulance arrived and he was on life support. if i remember correctly he was in a coma. he did not make it and his wife who was in a sag car donated his organs.
she got up in front of the riders and told us that she was not going to press charges as that it was an accident.
what do yall think?
08-11-06, 10:40 AM
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Originally Posted by pHunbalanced
It's an archaic spelling of the place lawbreakers are sent for safe holding. A few keys on my keyboard don't work, so I must be creative at times.
08-11-06, 10:05 PM
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Originally Posted by rrruuunnn
i was in a week long tour ride in texas. a truck hit and damaged the bicycle. the rider complained that he wanted a new bike by tommorrow. he was pretty upset with blood dripping along his arm. the driver said nothing.
one hour later, the same driver and truck(we all started telling the cops that we recognized him as the guy who ran into another cyclist) ran into another one of ours. His hood was caved in. the bicycle rider was hit so hard he flew up in the air and landed on the hood and windshield. ambulance arrived and he was on life support. if i remember correctly he was in a coma. he did not make it and his wife who was in a sag car donated his organs.
she got up in front of the riders and told us that she was not going to press charges as that it was an accident.
what do yall think?
one hour later, the same driver and truck(we all started telling the cops that we recognized him as the guy who ran into another cyclist) ran into another one of ours. His hood was caved in. the bicycle rider was hit so hard he flew up in the air and landed on the hood and windshield. ambulance arrived and he was on life support. if i remember correctly he was in a coma. he did not make it and his wife who was in a sag car donated his organs.
she got up in front of the riders and told us that she was not going to press charges as that it was an accident.
what do yall think?
08-11-06, 11:54 PM
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yeah, come to think of it, he probably did circle back. the truck driver was an old grandpa aged guy. he looked like a normal guy. he never said a word the first time. he looked like a country guy from a small town. we were away from the cities because this was a week long tour. i rode with the cyclist who died an hour before. but we parted because i wanted to stop for food. i met his wife that same day being the first at the final checkpoint. she wanted to know how bad it was. i told her i didn't know although i kinda did.
08-12-06, 09:32 AM
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Originally Posted by rrruuunnn
yeah, come to think of it, he probably did circle back. the truck driver was an old grandpa aged guy. he looked like a normal guy. he never said a word the first time. he looked like a country guy from a small town. we were away from the cities because this was a week long tour. i rode with the cyclist who died an hour before. but we parted because i wanted to stop for food. i met his wife that same day being the first at the final checkpoint. she wanted to know how bad it was. i told her i didn't know although i kinda did.
