The Latest From St. Petersburg
07-17-03, 06:30 AM
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The Latest From St. Petersburg
Driver Won't Face Criminal Charges in Bicyclists Crash
Joseph Pastore had no criminal intent and wasn't on screened-for drugs when his car struck 14 bicyclists, officers say. He is cited for careless driving.
By LEANORA MINAI, Times Staff Writer
© St. Petersburg Times
published July 17, 2003
--------------------------------------------------------------------------------
Related video
56k | High-Speed
ST. PETERSBURG - No criminal charges will be filed against a driver who barrelled into a pack of bicyclists this month, injuring 14 of them.
Blood tests show Joseph Pastore was not on any drugs for which drivers are routinely screened during DUI investigations, though his poor health and prescription medications could have caused him to blackout moments before the crash July 6, police said Wednesday.
Pastore, 60, was cited for careless driving and must appear in traffic court Aug. 5. Police will ask the judge to order a driving test and medical exam to determine whether Pastore is fit to drive.
"There was no criminal intent," said Officer Mike Jockers, traffic homicide investigator. "There were no impairing factors in his blood."
Several cyclists remained hospitalized Wednesday.
"It was an accident," Pastore said. "This wasn't like I got up that morning and thought, "Maybe I'll go plow down 14 bicyclists.' "
Cyclists, some with the St. Petersburg Bike Club or the St. Pete Mad Dog Triathlon Club, are angry Pastore is still allowed to drive, though his license could be suspended during the August hearing.
"There's no reason that guy couldn't go out tomorrow and do the exact same thing," said Barrie Coates, St. Pete Mad Dog Triathlon Club president.
"Obviously, he has a problem. I don't know if it's drugs or alcohol or medication or whatever. Normal people do not pass out in their cars or hit cyclists."
In an interview Wednesday, Pastore stuck to his claim that he suddenly felt water splashing into his eyes while he was driving and lowered his head to clear his eyes.
"I don't know," Pastore said. "It could have been a sprinkler. I know I wasn't going fast, and I did cross the double line. I did that because I couldn't see in front of me."
Police said Wednesday they found no sprinklers in the accident area or evidence that a bicyclist accidentally sprayed Pastore while drinking from a squirt bottle.
The accident happened at 8:40 a.m. July 6 on 30th Avenue N, just west of 53rd Street. Pastore was driving east on 30th Avenue; the cyclists were pedaling west.
Jockers, the traffic homicide investigator, said Pastore "suffered some type of medical episode which caused him to blackout."
Pastore's 1985 Lincoln Continental drifted left, over the double yellow line and struck the pack of cyclists, Jockers said. Pastore's windshield shattered, sending glass and liquid from cyclists' water bottles into his face.
"This caused him to wake up," Jockers said.
Pastore, in a moment of panic, hit the gas instead of the brake and struck three more cyclists on the sidewalk, Jockers said.
"There are a lot of people who wanted him locked up," Jockers said.
Pastore said people unfairly presumed he was driving while impaired. Pastore said he is "distressed" over the crash but did not hide his feelings toward his experience with cyclists on the road.
"These people are inconsiderate of motorists on the road," Pastore said. "They don't leave any room."
Pastore is on several prescription medications, including Zoloft, an antidepressant. He has been prescribed a tranquilizer and painkiller, police said. When asked to name all of his medications, Pastore declined, referring the question to his attorney. The attorney, Raymond Haas of Tampa, declined to comment.
Police said blood tests show Pastore was not taking any of the dozens of drugs for which drivers are routinely screened during DUI investigations. No alcohol was found during testing.
Police do not know all the prescription medications Pastore was taking and are waiting for Pastore's attorney to furnish a list.
Cyclists say Florida lawmakers should add more prescription medications to the controlled substances routinely checked.
"There needs to be some laws changed in the state of Florida," said Michele Forte, 34, whose husband, Tony Forte, 39, has a compound fracture in his lower left leg, a broken left wrist and fractured jaw.
Cyclist Kip Vosburgh, 56, of Treasure Island agreed, saying state law on controlled substances is too narrow.
"There are a number of things that are equally debilitating," Vosburgh said during an interview at Bayfront Medical Center.
For the first time during the investigation, police said Wednesday a witness reported seeing the cyclists pedal through a red light at 49th Street and 30th Avenue N, four blocks before the crash scene.
"Had the pack of bicyclists stopped, this accident might not have happened," Jockers said.
Police have not questioned the cyclists about whether they ran a red light. Cyclists interviewed Wednesday called the claim irrelevant.
Vosburgh, the cyclist recovering at Bayfront Medical Center, said he was in the middle of the pack and did not run a red light.
"To associate the what ifs - I could also say, "What if the gentleman was 10 seconds later in turning the ignition,' " Vosburgh said.
Vosburgh does not want to focus on speculation. His motto is on a white ball cap by his side. The cap has a circle with a slash through the word "whining."
"I'm a survivor," Vosburgh said. "I'm going to get over this. We're going to move forward."
- Times staff Writer Adrienne Lu and researcher Kitty Bennett contributed to this report.
Joseph Pastore had no criminal intent and wasn't on screened-for drugs when his car struck 14 bicyclists, officers say. He is cited for careless driving.
By LEANORA MINAI, Times Staff Writer
© St. Petersburg Times
published July 17, 2003
--------------------------------------------------------------------------------
Related video
56k | High-Speed
ST. PETERSBURG - No criminal charges will be filed against a driver who barrelled into a pack of bicyclists this month, injuring 14 of them.
Blood tests show Joseph Pastore was not on any drugs for which drivers are routinely screened during DUI investigations, though his poor health and prescription medications could have caused him to blackout moments before the crash July 6, police said Wednesday.
Pastore, 60, was cited for careless driving and must appear in traffic court Aug. 5. Police will ask the judge to order a driving test and medical exam to determine whether Pastore is fit to drive.
"There was no criminal intent," said Officer Mike Jockers, traffic homicide investigator. "There were no impairing factors in his blood."
Several cyclists remained hospitalized Wednesday.
"It was an accident," Pastore said. "This wasn't like I got up that morning and thought, "Maybe I'll go plow down 14 bicyclists.' "
Cyclists, some with the St. Petersburg Bike Club or the St. Pete Mad Dog Triathlon Club, are angry Pastore is still allowed to drive, though his license could be suspended during the August hearing.
"There's no reason that guy couldn't go out tomorrow and do the exact same thing," said Barrie Coates, St. Pete Mad Dog Triathlon Club president.
"Obviously, he has a problem. I don't know if it's drugs or alcohol or medication or whatever. Normal people do not pass out in their cars or hit cyclists."
In an interview Wednesday, Pastore stuck to his claim that he suddenly felt water splashing into his eyes while he was driving and lowered his head to clear his eyes.
"I don't know," Pastore said. "It could have been a sprinkler. I know I wasn't going fast, and I did cross the double line. I did that because I couldn't see in front of me."
Police said Wednesday they found no sprinklers in the accident area or evidence that a bicyclist accidentally sprayed Pastore while drinking from a squirt bottle.
The accident happened at 8:40 a.m. July 6 on 30th Avenue N, just west of 53rd Street. Pastore was driving east on 30th Avenue; the cyclists were pedaling west.
Jockers, the traffic homicide investigator, said Pastore "suffered some type of medical episode which caused him to blackout."
Pastore's 1985 Lincoln Continental drifted left, over the double yellow line and struck the pack of cyclists, Jockers said. Pastore's windshield shattered, sending glass and liquid from cyclists' water bottles into his face.
"This caused him to wake up," Jockers said.
Pastore, in a moment of panic, hit the gas instead of the brake and struck three more cyclists on the sidewalk, Jockers said.
"There are a lot of people who wanted him locked up," Jockers said.
Pastore said people unfairly presumed he was driving while impaired. Pastore said he is "distressed" over the crash but did not hide his feelings toward his experience with cyclists on the road.
"These people are inconsiderate of motorists on the road," Pastore said. "They don't leave any room."
Pastore is on several prescription medications, including Zoloft, an antidepressant. He has been prescribed a tranquilizer and painkiller, police said. When asked to name all of his medications, Pastore declined, referring the question to his attorney. The attorney, Raymond Haas of Tampa, declined to comment.
Police said blood tests show Pastore was not taking any of the dozens of drugs for which drivers are routinely screened during DUI investigations. No alcohol was found during testing.
Police do not know all the prescription medications Pastore was taking and are waiting for Pastore's attorney to furnish a list.
Cyclists say Florida lawmakers should add more prescription medications to the controlled substances routinely checked.
"There needs to be some laws changed in the state of Florida," said Michele Forte, 34, whose husband, Tony Forte, 39, has a compound fracture in his lower left leg, a broken left wrist and fractured jaw.
Cyclist Kip Vosburgh, 56, of Treasure Island agreed, saying state law on controlled substances is too narrow.
"There are a number of things that are equally debilitating," Vosburgh said during an interview at Bayfront Medical Center.
For the first time during the investigation, police said Wednesday a witness reported seeing the cyclists pedal through a red light at 49th Street and 30th Avenue N, four blocks before the crash scene.
"Had the pack of bicyclists stopped, this accident might not have happened," Jockers said.
Police have not questioned the cyclists about whether they ran a red light. Cyclists interviewed Wednesday called the claim irrelevant.
Vosburgh, the cyclist recovering at Bayfront Medical Center, said he was in the middle of the pack and did not run a red light.
"To associate the what ifs - I could also say, "What if the gentleman was 10 seconds later in turning the ignition,' " Vosburgh said.
Vosburgh does not want to focus on speculation. His motto is on a white ball cap by his side. The cap has a circle with a slash through the word "whining."
"I'm a survivor," Vosburgh said. "I'm going to get over this. We're going to move forward."
- Times staff Writer Adrienne Lu and researcher Kitty Bennett contributed to this report.
07-17-03, 08:12 AM
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An older driver killed 9 people while driving full speed into a street market. Guess what? Nothing is going to happen to him as the police report the incident as an "accident".
The automobile is the only place where you can kill a truck load of people and walk away scott free.
The automobile is the only place where you can kill a truck load of people and walk away scott free.
07-17-03, 06:28 PM
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I heard about that story, only in that case people were killed. The driver was 86 and also pressed the gas in stead of the brake. Either way, if someone is impaired, they should be at least suspended from driving. However, in both cases it obviously was accidental, since it's obvious neither one INTENDED to hurt or kill anyone. In that case, there would be charges.
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You can catch more flies with honey than with vinegar. That's great...if you want to attract vermin.
You can catch more flies with honey than with vinegar. That's great...if you want to attract vermin.
07-17-03, 07:56 PM
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In the earlier accounts I've read of this it was said that he was overtaking another vehicle -- what happened to that? This guy has no right to complain that cyclists don't leave any room on the road when he had to cross over the line and into the opposite lane in order to hit any of 'em! Frankly I'm not surprised that this guy's getting off so easy; as long as he sticks to his 'accident' story and they can't prove criminal intent there's not much they'll do to him.
07-18-03, 07:38 AM
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We need a transportation system which makes it easier to participate in society without driving. If driving were less necessary, it would be easier to remove the driving privilege.
Nonetheless, some people are incapacitated without warning through previous inapacitating events. A friend of mine died when he became unconsious at the controls of a sailplane. Nearby pilots had a clear view of him slumped at the controls. He had no previous conditions and no warning. In another case, my cousin's husband died of a heart attack behind the wheel, although he pulled over, avoiding an accident.
Further, even if someone has become incapacitated without warning, the test as to whether or not that individual should be permitted to drive in the future ought to be whether the circumstances of the incapacitation were likely to occur again. For instance, if someone were to have an extreme allergic response to penicillin behind the wheel, it would not be reasonable to infer that the person would ever become incapacitated again in the future. We don't need unsafe drivers but we do need due process.
Nonetheless, some people are incapacitated without warning through previous inapacitating events. A friend of mine died when he became unconsious at the controls of a sailplane. Nearby pilots had a clear view of him slumped at the controls. He had no previous conditions and no warning. In another case, my cousin's husband died of a heart attack behind the wheel, although he pulled over, avoiding an accident.
Further, even if someone has become incapacitated without warning, the test as to whether or not that individual should be permitted to drive in the future ought to be whether the circumstances of the incapacitation were likely to occur again. For instance, if someone were to have an extreme allergic response to penicillin behind the wheel, it would not be reasonable to infer that the person would ever become incapacitated again in the future. We don't need unsafe drivers but we do need due process.
07-18-03, 08:53 AM
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For the first time during the investigation, police said Wednesday a witness reported seeing the cyclists pedal through a red light at 49th Street and 30th Avenue N, four blocks before the crash scene.
"Had the pack of bicyclists stopped, this accident might not have happened," Jockers said.
"Had the pack of bicyclists stopped, this accident might not have happened," Jockers said.
As to Pastore's claim to have been passing another vehicle, reports in the days after the incident said that Pastore gave several different stories to witnesses and police immediately after the incident. Water in the eyes and passing a car were just two of them.
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t
07-18-03, 05:21 PM
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For commercial drivers, it is a crime to operate a vehicle when a known medical condition renders the driver unsafe. There should be a level field on this matter. True, a previously unknown condition may cause an accident, but when a known condition exists, charges should be filed.
A much-loved member of the local jazz and cycling community here was killed by a driver with a diagnosed & medicated condition that caused seizures. She seized, crossed the line, and killed Tommy. I believe she should have been up on manslaughter charges. Some may argue 'she's suffered enough', and perhaps so, but that is for a judge & jury to decide, not the press, the DA, or AARP.
Most Americans are in love with their cars, and think it is their God-given right to drive. Bah.
I am a born American, who loves his country, and will soon qualify for membership in AARP. I also am a realist who rides bikes.
A much-loved member of the local jazz and cycling community here was killed by a driver with a diagnosed & medicated condition that caused seizures. She seized, crossed the line, and killed Tommy. I believe she should have been up on manslaughter charges. Some may argue 'she's suffered enough', and perhaps so, but that is for a judge & jury to decide, not the press, the DA, or AARP.
Most Americans are in love with their cars, and think it is their God-given right to drive. Bah.
I am a born American, who loves his country, and will soon qualify for membership in AARP. I also am a realist who rides bikes.
07-20-03, 11:57 AM
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Regrettably dismounted, a moment to remark this tragedy and its ongoing consequences. Last weekend some five hundred bicyclists rallied to advocate road rights and commemorate this unfortunate incident. Local press has been generally evenhanded reflecting both the cyclist and motorist viewpoints - greater understanding is needed on both sides of the issue, but rightness of position aside, practicality dictates a more defensive posture for riders. Anecdotally at least there would appear to be a greater awareness hereabouts latterly. Remarkably, the other day awaiting a light, the woman alongside asked if she had been driving too closeby and if she had cut me off at the stop. I could not have responded more gratefully to her sensitivity. Incidentally, the reason I am dismounted is a badly sprained finger - I was about to enter a local bike trail when I noticed three racers down the way just hitting their stride matching cadence, and although likely enough time to embark, I cared not to impinge upon their harmony even slightly merely to save a few seconds, much less to assert my egotism. As they passed, one saluted kindly - "You're a real gentleman, thank you." Balancing precariously on the slight uphill, turning too acutely I clipped a barrier post guarding the trail entrance. Being all-too-human my first concern was my new Fisher Utopia (no damage, whew), secondly, whether anyone had noticed my fall (yes, but at least someone sympathetic - that is to say someone guilty of a similar embarassment), finally personal injury (ouch, but rode on bravely, when I should have sensibly walked home). Alas no good deed indeed goes unpunished.
