His own brother tried to claim, that it was him and not Carlos Bertonatti, that got the 46 tickets.
I bet he will get sent to a minimum-security prison. Perfect for the minimum sentence.
I don't know the specifics and have no way of knowing what the Judge's reasoning was, but I get sorry of the "we're just cyclists and nobody cares" line. IME, drivers tend to be punished equally or even worse for criminally killing or injuring cyclists and pedestrians vs. other drivers.
Though it shouldn't factor, media coverage plays a bigger role than what should be more material considerations.
My thoughts were more along the lines of is 12 years appropriate for the offense and the history, not specific to any anti-cyclist bias that may or may not exist in the judiciary. My thinkings is that the minimum sentence should be for a "first time errors" where bad judgment caused a death, not for a habitual bad driver who has enough tickets with or without his brothers contributions to the driving record, to demonstrate a callus disregard for public safety, plus drunk driving plus lying about it to the police at the time of arrest, and so on. Seems to me that if those conditions give rise to a minimum sentence, then there is no incentive to not flees, lie, and so on. Or to put it another way, once the deed is done, why not lie, cheat and run if the punishment is the same?
Honestly, these days I'm just thankful that vehicular homicide perpetrators get ANY jail time more than a year or two. People have gotten off in some pretty bad cases with no time at all or just a few months. It could be better than 12 years, but it could also be a lot worse.
Wait, did he have previous DWIs? Otherwise, compared to traffic tickets, this would be a first time offense type of situation.
I'm happy he even got 12. I someone pessimistically expected far less.
I'm more or less happy with 12 years. I'd be happier if we changed the system to prevent this rather than punitive reactions after the fact. But considering what we have to work with, 12 years isn't bad, really.
Of course, a lot would need to be done here to accomplish that. Training, for one. Laws specifically exempting people from liability if they utilize their training. More to the point, it is very difficult to impose more stringent driving standards when it is often the only practical method of transit... we can't really crack down on drivers as effectively as we might like until there are other ways for people to get to and from work, school, etc (i.e. public transit), without pretty big societal costs.
I hope the appeal works and Bertonatti gets a revised sentence. Assuming good time and other early release provisions, thirty-seven years would be about right.
Wasnt it suposed to be handed down today? Anyone know what happened?
sentenced to 12 years http://www.nbcmiami.com/news/Judge-t...223462431.html
Good decision. What I don't understand is that if Bertonatti accepts his responsibility that he/his family should abide by the decision set forth by the court and quit bawling in court ; interesting too is that his lawyer pronounces the word 'patently' differently and plays the crowd saying that he's angry. Of course, there is the appeal process.
Sounds like the lawyer and family wanted a 4 year sentence with probably minimum of 1-2 years, meaning the guy would get out within a few days of the sentence plus time to process the paperwork.
Remember folks, he wasn't sentenced for killing a cyclist, he was sentenced for driving drunk and killing a cyclist.
Had he been sober, he might have walked away.
Below, Is what has happened since his sentence was handed down, along with where he is incarcerated.
D C A ORDER FOR EXTENTION OF TIME TRANSCRIPTS EXTENDED UP TO & INCLUDING 12/30/2013 #3D13-2535
STATEMENT OF JUDICIAL ACTS AND DESIGNATIONS TO CRT REPORTER
APPELLATE COURT CASE NUMBER DCA/#3D13-2535
NOTICE OF APPEAL TRANSMITTED TO DCA
RECORD ON APPEAL DUE DATE - 11/20/2013
472 10/02/2013 028851/00073
NOTICE OF APPEAL J&S/ PUBLIC DEFENDER
ORDER: ORDER OF INSOLVENCY AND APPOINTMENT OF COUNSEL
APPELLANT ATTY PDEF/PUBLIC DEFENDER APPOINTMENT, AS
TRANSCRIPT OF COURT HEARING SEPTEMBER 9, 2013
REPORT RE: APPEAL SET FOR 09/25/2013 AT 08:45
Looking at his inmate photo, he looks like pure evil.