Santa Clara deputy sheriff veers into cyclists killing 2
03-12-08, 07:51 PM
#126
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I know the police in our area get paid alot of overtime. I bet he was pulling extra shifts.
03-12-08, 07:56 PM
#127
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Concerning testing for drugs/alcohol, I do believe it pertinent to question why CHP did not insist upon handling the test. Is not the possibility of conflict of interest equally as strong concerning the testing as it would be concerning other aspects of the investigation into this tragic event?
Why trust the testing to the local police department? Why not let the officer go home with a sample bottle, bring in a urine specimen at his convenience? Who cares about procedure or chain of custody or any or that mundane stuff?
Makes absolutely no sense to me that the the cop involved in this accident would have been allowed out of sight or firm custody of the investigating CHP until he had been throughly tested for impairment by an agency not connected to the local cops.
Caruso
Why trust the testing to the local police department? Why not let the officer go home with a sample bottle, bring in a urine specimen at his convenience? Who cares about procedure or chain of custody or any or that mundane stuff?
Makes absolutely no sense to me that the the cop involved in this accident would have been allowed out of sight or firm custody of the investigating CHP until he had been throughly tested for impairment by an agency not connected to the local cops.
Caruso
https://www.insidebayarea.com/raiders/ci_8520193
Article says cop left scene before investigators arrived, escorted by another cop who urged him to not speak to bystanders. Good thing they look out for their buddies, so they don't slip up and incriminate themselves.
The cop might have simply dozed off while driving, with some mild speeding (40 in a 30 I read in one article) contributing to the severity of the crash, but his LEO buddies' words and actions make him look guilty, of something.
03-12-08, 08:23 PM
#128
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A law that would have required a blood sample of drivers involved in a fatal accident was not put through before. Something about "Unreasonable Searches". This is why the CHP didn't do a blood test. The Sheriff's Dept is running an Internal Affairs investigation, and it's required for that. I'm still surprised that a roadside sobriety test wasn't conducted, as I'd bet it wouldn't have been done on me if I'd been the driver.
03-12-08, 08:47 PM
#129
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A law that would have required a blood sample of drivers involved in a fatal accident was not put through before. Something about "Unreasonable Searches". This is why the CHP didn't do a blood test. The Sheriff's Dept is running an Internal Affairs investigation, and it's required for that. I'm still surprised that a roadside sobriety test wasn't conducted, as I'd bet it wouldn't have been done on me if I'd been the driver.
03-12-08, 08:58 PM
#130
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Do it in factories a lot too. Gives the employees bigger chunk of free time. Of course, you can't work with the same intensity/concentration etc over 12 hrs that you can in 8 hrs.
People ought to be able to take some sort of nap during the day, right after lunch for example.
It would be interesting to know if Council worked a secondary "security" job at a bar the preceding Saturday night. Around here he would have normally not get off work till close at 2am, and with Daylight Savings Time it means 3am, actually 315am would be realistic. So then he'd have a whole 3 hrs to rest up before start of his shift at 630am.
The secondary "bar" job is popular with younger cops in my area - they get paid to hang out with young drunk chicks. Since many are paid cash I imagine that income is tax-free too.
03-12-08, 11:50 PM
#131
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Concerning testing for drugs/alcohol, I do believe it pertinent to question why CHP did not insist upon handling the test. Is not the possibility of conflict of interest equally as strong concerning the testing as it would be concerning other aspects of the investigation into this tragic event?
Why trust the testing to the local police department? Why not let the officer go home with a sample bottle, bring in a urine specimen at his convenience? Who cares about procedure or chain of custody or any or that mundane stuff?
Makes absolutely no sense to me that the the cop involved in this accident would have been allowed out of sight or firm custody of the investigating CHP until he had been throughly tested for impairment by an agency not connected to the local cops.
Caruso
Why trust the testing to the local police department? Why not let the officer go home with a sample bottle, bring in a urine specimen at his convenience? Who cares about procedure or chain of custody or any or that mundane stuff?
Makes absolutely no sense to me that the the cop involved in this accident would have been allowed out of sight or firm custody of the investigating CHP until he had been throughly tested for impairment by an agency not connected to the local cops.
Caruso
I don't know how it is handled in California but in Oregon, a Commercial Driver involved in a fatal or injury crash is taken to a medical facility in the custody of a Law Enforcement Officer within an hour of the incident. There is no presumptive test done by the cops... no touch your nose, no Breathalyzer, no counting backward or ABC's. At the medical facility, blood is drawn and urine is obtained under strict protocols and chain of custody is maintained and recorded. The samples are then split in half, signed by the donor, and one set are sent to an independent lab, identified only by a number, for analysis. The other set are retained in a secure location in case the original results need to be verified.
This procedure removes the local Law Enforcement Officers from the testing procedure and relieves them of having to explain whether their investigation of the incident was colored by their knowledge of a positive or negative blood alcohol or drug test. The only involvement the cops will have is in maintaining custody of the driver from the incident scene to the medical facility.
03-14-08, 08:29 AM
#132
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A law that would have required a blood sample of drivers involved in a fatal accident was not put through before. Something about "Unreasonable Searches". This is why the CHP didn't do a blood test. The Sheriff's Dept is running an Internal Affairs investigation, and it's required for that. I'm still surprised that a roadside sobriety test wasn't conducted, as I'd bet it wouldn't have been done on me if I'd been the driver.
03-14-08, 02:49 PM
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03-15-08, 07:23 AM
#134
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Anyway, the court ruled that the cops don't own anyone protection. You're on your own,taxpaying suckers.
Last edited by Fissile; 03-15-08 at 03:33 PM.
03-15-08, 07:47 AM
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Bikesafer quoted a news article, which says that the CHP declined to test for DUI, and on that basis, questioned the integrity of the investigation. All I pointed out was information from another article, in which the Sheriff's Dept said that although they can't comment on personnel matters, they are within the letter of Dept. policy (which requires a blood alcohol test). I take that comment to mean that his blood alcohol level was tested, despite the CHP declining to do so. In other words, if Bikesafer is concerned about newspaper report A (CHP declines to test deputy), he should also know about newspaper report B (Sheriff's Dept. implies that he's been tested anyway, per Dept. policy). Of course, one could discount newspaper report B as "lying cop crap," but why would one then choose to believe newspaper report A?
No one here knows how or when the blood test may or may not have been conducted by the Sheriff's Department. If it was conducted it was for an internal investigation, so it may well not be admissable in a criminal court, depending on when and how it was done. Furthermore I give far less credence to a test done by his own department than by an outside agency. The Sheriff's Department called in the CHP just to avoid the appearance of impropriety, yet now the CHP might have to rely on key evidence that the Sheriff's Department gathered.
Does that not smell the least bit funny to anyone else?
I'm not saying alcohol was in any way involved here, I'm just saying it would have been nice if the public and the agencies sworn to enforce the laws and look out for the public would have found out for sure.
03-15-08, 10:12 AM
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But even if he was tested by the Sheriff's Department that doesn't change the fact that the department doing the criminal investigation refused to test the deputy.
No one here knows how or when the blood test may or may not have been conducted by the Sheriff's Department. If it was conducted it was for an internal investigation, so it may well not be admissable in a criminal court, depending on when and how it was done. Furthermore I give far less credence to a test done by his own department than by an outside agency. The Sheriff's Department called in the CHP just to avoid the appearance of impropriety, yet now the CHP might have to rely on key evidence that the Sheriff's Department gathered.
Does that not smell the least bit funny to anyone else?
I'm not saying alcohol was in any way involved here, I'm just saying it would have been nice if the public and the agencies sworn to enforce the laws and look out for the public would have found out for sure.
No one here knows how or when the blood test may or may not have been conducted by the Sheriff's Department. If it was conducted it was for an internal investigation, so it may well not be admissable in a criminal court, depending on when and how it was done. Furthermore I give far less credence to a test done by his own department than by an outside agency. The Sheriff's Department called in the CHP just to avoid the appearance of impropriety, yet now the CHP might have to rely on key evidence that the Sheriff's Department gathered.
Does that not smell the least bit funny to anyone else?
I'm not saying alcohol was in any way involved here, I'm just saying it would have been nice if the public and the agencies sworn to enforce the laws and look out for the public would have found out for sure.
03-16-08, 10:01 AM
#137
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Paper reports today a test was taken and chp will also get a sample.
03-16-08, 04:49 PM
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Memorial ride yesterday:
Sheriff's sister was killed by a car 24 years ago:
https://www.mercurynews.com/valley/ci_8592099
Sheriff's sister was killed by a car 24 years ago:
https://www.mercurynews.com/valley/ci_8592099
For Toby and Therese Council, the pain felt by the families of the two cyclists struck and killed last weekend by a sheriff's deputy is stronger than almost anyone can imagine.
Their son, James "Tommy" Council was the deputy behind the wheel. But 24 years ago, they were the parents standing in the hallway of a hospital, hearing a doctor telling them their daughter was dead. Ten-year-old Moira Council had been struck and killed by a car.
Their son, James "Tommy" Council was the deputy behind the wheel. But 24 years ago, they were the parents standing in the hallway of a hospital, hearing a doctor telling them their daughter was dead. Ten-year-old Moira Council had been struck and killed by a car.
06-20-08, 01:00 PM
#141
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