Advocacy & Safety - update on lucklust:

okay, great ideas everyone. i took some of what phideaux wrote in his and combined it with what we had before, and added a bit at the end. I just got off the phone with Torrin, and he's happy with what we have below here:

To Mr. Edward Berberian, District Attorney of Marin County,

On February 26, 2005 Torrin Arnold, a cyclist living in Marin County, was assaulted by a man in a pickup truck, and severely injured. The driver of the truck then attempted to flee the scene, and was chased and caught by several witnesses who convinced him to turn himself in. Despite wearing a helmet, the injuries sustained in the assault have left Torrin permanently blinded. He must now change everything about his life, and give up cycling, which was his passion.

I'm writing this letter to urge you to prosecute the perpetrator as vigorously as the law allows. Road rage is a blight on the community, and violent crimes committed with a vehicle need to be treated not as automotive accidents, but as assaults with deadly weapons. Hitting a bicyclist with a truck is a willful attempt to kill them, and is no different than a man using a gun to shoot someone on the street.

There are a great many cyclists who frequent the roads in and around Marin County who encounter drivers every day. I am also a cyclist as well as a taxpayer and need to feel safe on the roads of Marin County that we all must share. A message must be sent to the public that drivers who use their vehicles in a violent manner will be punished.

I want it to be made clear that this type of incident happens all the time across the country to all types of people, and often, because it involved a cyclist, these crimes are not taken as seriously as they should be. There are millions of cyclists across the country who face traffic every day, and especially in Marin County, where the cycling population is more dense than many other regions, it is important to send the right message to deter motorists from acting out of rage in the future. This is not just about one cyclist, it’s about every cyclist and pedestrian, young and old.

Thank you for your consideration, and I appreciate your time.

I also spoke with him about hand-delivering the letters and he was stoked on this idea as well. He's going to go talk with some LBSes tomorrow about getting some more support together, and also he knows some folks who run a couple bars in downtown San Rafael who might be able to let us use their venues for a fundraiser. The timeframe for the letters and afterparty is kinda tight (a 3-4 weeks at the most), so a lot of organizing needs to be done. We'll probably do it on a wednesday, because I have that day off from work, and his friends' band plays every wednesday night at this bar. It'd be great if this could come together in time for the Ride of Silence (next week!) but that's not really likely.

Anyway...Thanks for everyone who has contributed so far, there's still a lot more work to be done to make this happen, so more ideas or help planning the event are definitely welcome. I talk with Torrin every night after 9pm.

Thanks again, and Torrin really appreciates everything that everyone has done.

I also spoke with him about hand-delivering the letters and he was stoked on this idea as well. He's going to go talk with some LBSes tomorrow about getting some more support together, and also he knows some folks who run a couple bars in downtown San Rafael who might be able to let us use their venues for a fundraiser. The timeframe for the letters and afterparty is kinda tight (a 3-4 weeks at the most), so a lot of organizing needs to be done. We'll probably do it on a wednesday, because I have that day off from work, and his friends' band plays every wednesday night at this bar. It'd be great if this could come together in time for the Ride of Silence (next week!) but that's not really likely.

Anyway...Thanks for everyone who has contributed so far, there's still a lot more work to be done to make this happen, so more ideas or help planning the event are definitely welcome. I talk with Torrin every night after 9pm.

Thanks again, and Torrin really appreciates everything that everyone has done.

Any thoughts of him being set up with a word to voice translator on his computer so he can hear what is written here?

If there is a lawyer amongst us, we need to make sure they attend. We have to do everything legit. AND...we should have at least 3 video cameras there to record things from different angles in case someone accuses us of anything. We did that at our last rally at the CEO's place and he couldn't say we were violently confrontational.


(sigh)...Does anybody have Lance's number? (heh heh)

Any thoughts of him being set up with a word to voice translator on his computer so he can hear what is written here?


i have actually been thinking about that, but at this point, the cost of those devices is pretty prohibitive for him to get one on his own. I've been considering chipping in for one, he'll need one eventually, and it'd be great if he could keep up to speed with everything that goes on here. We were at the lighthouse for the blind store getting him a talking watch, and some of the fancier things there are super expensive.

I know of a few online text-to-speech engines that are in development. this one (http://www.naturalvoices.att.com/) has been in development since at least 2001, and is pretty nice, and it seems like it's going to be released soon, but i don't know what it's capabilities are.

SO! we'll have a venue by tomorrow and flyers for marin bike shops. the event is going to be two wednesdays from tonight, at 4pm. what we need now is for someone in SF to make up a flyer and get it around to all the bike shops over there. i have a couple more revisions to make to the letter, basically taking out the specifics of the accident so the defense attorney won't jump all over that in court. I'll edit that post and also get a couple folks from SF in on making a flyer for over there. I'll probably send someone out in the east bay to distribute flyers as soon as we know the location.

Best of luck man.

I hope that guy gets much bad karma his way real soon, people who use their cars like weapons really make my blood boil.

I couldn't imagine what Torrin is going through, if I was still in that area of the country, I would be there as well.

Hey Onetinsloth,
I'm thinking about printing out a stack of form letters and a brief description of what happened and dropping at my LBS-is that ok? I figure the more the merrier.
I already have gotten one copy to my boss who rides and I think I might drop a few more with some other friends not one th forum, after all, Torrin's case can set up an example for the rest of the US.

I always get shivers reading stories like this and then I realize how backwards our judicial system is. For example, my brother gets 70 hours of community service for being caught stenciling. He ends up working in a summer art camp with kids while some sheriff's soon and his friends rape an underage girl, film the whole thing and do other things I would rather not mention. This kid gets 20 hours. Hmmmm....

I do however have connections at the KALX (90.7, Berkeley radio station) radio station in the Bay Area since I produced news there before I headed over to Denmark. I will forward this thread to my friends still there and possibly they could do a public announcement or at least cover it on the air.

OneTinSloth,
If you would like to do anything else since I know you are still in Berkeley, I might be able to arrange something with them. No promises, but I will at least send them a link. You could always drop things off at the station as well. It is Room 30 in Barrows Hall, I think..., on campus.

EDIT: I am going to forward this to the Cal Cycling list as well. I will peruse the archives and see if it has not been brought up already. But I am sure they would be helpful as well.

It still just sounds like you are describing an "accident" to me- this is no accident this is attempted murder and assault- the DA has lots of cases dont be afraid to describe again what happened- tell the story. Persuading people and winning arguments is about telling a better story than the other guy. The earlier E-mail describing the incident really was more descriptive.
.

I don't know if this would hold any relevance in the letter, but I would assume the past cases of the DA are on file somewhere. If you can find a similar case where the DA acted differently, that might be a good thing to bring up in a press release or the such to the media. That would put more pressure on the DA since it's not only his friendship, but career on the line as well. Then again, I am not a lawyer and I read history books so doing so may not have any bearing whatsoever. I just figure something might help and I know the Bay Area community would probably be apalled by this incident.

OneTinSloth - this is quite the campaign. Nice work everyone. My letters will be in the mail too.
Thanks for keeping us up to date on Torrin's situation.

i have actually been thinking about that, but at this point, the cost of those devices is pretty prohibitive for him to get one on his own. I've been considering chipping in for one, he'll need one eventually, and it'd be great if he could keep up to speed with everything that goes on here. We were at the lighthouse for the blind store getting him a talking watch, and some of the fancier things there are super expensive.


Sorry if I seem a bit out of step here, but the fervour over the case strikes me as a short-term fix that will not improve Torrin's life. I know you guys are looking with all your heart at all the options, but... the long-term issue is Torrin's well-being, and a conviction and civil action may not achieve that.

To me, the *parallel* issue is the long-term outcome. Can some of the energy be directed to the fund-raising which then can be focused on the services that will make Torrin's life more comfortable -- including the fancier things such as text-to-speech engines... and a tandem?

Again, apologies if I go against the grain here. But I am trying to be practical.

a conviction and civil action might make Torrin feel better though-

but Rowan is right maybe we could have a collection of donations for Torrin. Do we have an address for him.

We're already thinking about that. We're having a benefit on the 25th to raise money for resources and paying bills and such. And Torrin has been in touch with a few other organizations who do really wonderful things for people.

I'll get his address when I talk with him later tonight.

Sorry if I seem a bit out of step here, but the fervour over the case strikes me as a short-term fix that will not improve Torrin's life. I know you guys are looking with all your heart at all the options, but... the long-term issue is Torrin's well-being, and a conviction and civil action may not achieve that.

To me, the *parallel* issue is the long-term outcome. Can some of the energy be directed to the fund-raising which then can be focused on the services that will make Torrin's life more comfortable -- including the fancier things such as text-to-speech engines... and a tandem?

Again, apologies if I go against the grain here. But I am trying to be practical.

Well the point is that in a civilized society people are to be held accountable for there actions. In this case being held accountable means paying for it. So the first step is to get this through the courts so money can come out of it to buy the things he needs.

Hey folks --

As a veteran of several letter writing campaigns, please let me make one suggestion: Don't cut and paste. The best thing for Torrin -- and the whole community -- is to have lots of slightly different letters. Identical letters are easily discarded -- while they're nice as a show of support, authorities don't give them as much weight as lots of unique letters.

This isn't to say we shouldn't make them all sound similar. But play with the wording and spacing some, especially in the first couple paragraphs, which are all anybody reads anyway.

I've also posted business letter form here, and the address of the DA (which is public record).

Here's mine:

My formal name
My Address
San Francisco, CA 94110


Edward S. Berberian, District Attorney
3501 Civic Center Drive Room #130
San Rafael, CA 94903

Date

Mr. Berberian:

On February 26, 2005, Torrin Arnold, a cyclist and resident of Marin County, was involved in an incident with a pickup truck and was severely injured. The driver of the truck then attempted to flee the scene; fortunately, several witnesses impeded his escape and convinced him to turn himself in.

Despite wearing a helmet, the injuries sustained in the assault have exacted a great toll on Torrin. He has had to drop out of school, and is now permanently blind. He must change everything about his life, and give up cycling, which was his passion.

As a frequent visitor to Marin and as an avid cyclist, I urge you to prosecute the driver as vigorously as the law allows. Road rage is a blight on our community and our society, and violent acts committed with a vehicle should not be treated merely as automobile accidents, but rather as assaults on the health and life of bicyclists.

Marin County contains a higher density of cyclists than many other regions, including cyclists like myself who come there from other counties. We all have a need to share and be safe on the roads of Marin County, and we cannot allow drivers who use their vehicles in a violent manner to go unpunished.

I want it to be made clear that this type of incident happens all the time across the country to all types of people, and often, because it involved a cyclist, these crimes are not taken as seriously as they should be. It is important to send the right message to deter motorists from acting out of rage in the future. This is not just about one cyclist: It's about every cyclist and pedestrian, young and old.

Thank you for your consideration, and I appreciate your time.

Sincerely,

(Signature)

Me

a conviction and civil action might make Torrin feel better though-

but Rowan is right maybe we could have a collection of donations for Torrin. Do we have an address for him.


Or at least the collection should go towards representation. While criminal charges might be hard to nail down cause it takes convincing the DA, civil charges are not - and a lot less burden of proof. He has a very strong claim for a civil tort claim for battery (if witnesses are willing to make statement). Damages would include all med expenses to date and future expenses required because of the physical innjury (ie talking watches and such). So helping him with attorney fees might be more advantageous.

Just to confirm here: Has Torrin secured counsel yet? Has he met with an attorney?

This is horrible. And beyond that more horrible. I can not stand it.

Torrin – My best wishes go out to you. The actions of the driver and subsequent skirting responsibility are absolutely reprehensible and disgusting and would be considered so by cyclists and non-cyclist alike. For that reason, I think that we must also appeal to the greater public. This is not just a matter that only cyclists are subjected to – road rage and retribution should not be tolerated. May I suggest that this issue also be elevated to the general public through the media and other outlets as well as to other cycling / web-based communities? It is terrible the position Torrin is in, and I am by no means attempting to make anyone a poster child, but some greater support and exposure may also lead to resources in Torrin’s direction, visa vie legal, health and means. Again, forgive me if this sounds alarmist, this is not an attempt to make a poster child for any broader effort, only an attempt to bring about some assistance. I do not know Torrin, but I would be willing to put any of my efforts and resources behind anything to help.

I have followed this with some interest. I don't inhabit this board much, as it is too, well, angry at times. However, I would like to see a method set up so we can make some small contributions towards lucklust's current situation. I think it touches all of us, in that each of us co-habits the road with cars when we cycle, and there but for the grace of ... go any of us.

A civil suit is likely to take some time to resolve, and any monies from it are a ways off. This is simply realistic. In the meantime, Torrin has situation which must be met. Personally, I'd like to see us contribute a tandem or at least part of the cost towards one so he does not lose the joy of riding, which has left it's mark on each one of us, and is thus close to the core of the people we are.

Those of us not in the Bay area cannot attend any fundraisers. Can we set up a paypal account or something of that sort for collections? Onetin, you seem to be the man Torrin trusts here, can this be done?

I shall write the DA a personalized letter. I'm not sure how much difference a missive from a far-off state will make, but I'm willing to toss in a stamp and a couple of hours.

It can indeed be done to set up a paypal account! I will speak to Torrin and get all the pertinent information and set one up over the next couple of days. I basically have about 5-6 hours a day to devote to this

a VERY IMPORTANT NOTE about the letter, I just spoke with a friend who is close friends with an assistant DA of SF, and the advice he gave me was to leave Torrin's name out of the letter, as it could jeopardize his claims in civil court, and it could jeopardize even the criminal case. and put the perpetrator's name in the letter, to focus on the perpetrator and sending the message that this is not only a local concern, but a national concern as well. Also that we can't say it was a road rage incident, or that the driver became enraged unless it says so in the police report, which i will get a hard copy of on tuesday, and I'll talk to Torrin tonight and get the guy's name and all pertinent information on the report.

We're going to get the media involved, and make this as big of an issue as possible, because we're probably up against someone who has some political connections, and the only way to counter that is with the media and public opinion. I'll post a new draft of the letter later on tonight, and get back to everyone with a paypal account info.

If you are writing from out of state, make sure to mention something about how you would take Marin County off the list of possible cycling destinations if this is not dealt with properly, and this man is not prosecuted to the fullest extent of the law.

here is a new draft of the letter:

To Mr. Edward Berberian, District Attorney of Marin County,

On February 26, 2005 *********, struck a cyclist on a busy road in Marin County. The cyclist was severely injured despite wearing a helmet, and as a result of injuries sustained, he is now permanently blind. Mr. ******** then attempted to flee the scene, and was chased and caught by several witnesses who convinced him to turn himself in.

I'm writing this letter to urge you to prosecute Mr. ******** as vigorously as the law allows. Violent crimes committed with a vehicle need to be treated not as automotive accidents, but as assaults with deadly weapons.

There are a great many cyclists who frequent the roads in and around Marin County who encounter drivers every day. The cycling community in Marin County, and the surrounding area, is large, active, and vocal, as well as a vital part of the economy for Marin County. A message must be sent to the public that drivers who use their vehicles in a violent manner will be punished.

We want it to be made clear that this type of incident happens all the time across the country to all types of people, and often, because it involved a cyclist, these crimes are not taken as seriously as they should be. This is not just a local issue, it has national implications as well. Millions of cyclists across the country face traffic every day, and because of this, it is important to send the right message to deter motorists from acting out of rage in the future. This is not just about one cyclist, it’s about every cyclist and pedestrian, young and old.

Thank you for your consideration, and I appreciate your time.

The perpetrator's name has been removed for privacy's sake, and to make sure that releasing his name all willy-nilly on the internet won't have ill effects on Torrin's case. If you're going to write a letter, PM me for the guy's name and i'll give it to you. we have big plans to go to the media and once that happens, hopefully his name will be out there. we don't want to be the first ones to use his name in a public forum. The journalist in me says EFF this guy's right to privacy, but the morally conscious guy in me says leave it up to the press to divulge his name to the public at large.

As far as the paypal thing goes, Torrin's paypal address is "lucklust AT yahoo dot com."

Awesome letter, OneTinSloth!!!!!

It's amazing how this has evolved with the help of all of us. I am hoping to get the day off for the rally but am afraid I might have to work. Please please please email the name of the bad guy to me so I can get my letter done. Torrin is very lucky to have a friend like you to be there for him. Heck, what am I saying? Torrin not only has you, he has all of us!!!

Thanks so much....

Siu Blue

Without having read all the pages, I don't know if someone recommended the guy that says he's the bicycle lawyer. He's a guy I thought was located in northern California. Someone here had a problem once and emailed the guy, and the guy responded with very good advice. I can't remember the name of the lawyer, and I did a search, but I don't see it. If anyone knows who I'm talking about, could you post the guy's name here?

Koffee

Thanks!

gary brustin the bicycle lawyer http://www.bicyclelawyer.com the site seems to load very very slowly but it's a lead (do a whois on the domain name or ask me, I can)

Oh my ****ing god. I've just spent the last few hours listening to the dumbest computer voice in the world reading this thread to me. It reminds me of the 'Say it Sam' program I had on my Apple II E 15 years ago. My favorite part is at the end of each post when it says 'SPAM!'

As you might have noticed, I have a stupid computer reader program. I can't afford a real one, so I'm using the demo version of a crappy one. I don't even really know how to use it, so it's pissing me off. It shuts off every 30 minutes, so I have to constantly restart the computer. BOO.

I love everyone here. This outpouring of support is amazing. I'm at a loss for words (for once). That's probably ok, since there aren't enough words to describe how grateful I am. This is a very difficult time for me, and knowing that I have so many people in my corner is so very inspiring. Haha, I'm actually crying right now. What a wuss.

I'm sick of hearing this damn voice saying every single letter I type (it can't keep up with the typing, so it's got this weird lagging noise that's extremely grating), so I'm going to log off after I post a brief message in the SS/FG forum.

Again, I miss you all, and will check in from time to time.

Torrin

Just another suggestion... get someone to change your "Danger is my middle name" asap. Discovery will probably find it. But it's not a good thing to have up in the context of the situation. You're not a hero, you're a victim, and victims never expect danger.

Actually, I will go a bit further with this in my paranoid way. I would suggest OTS that you edit any of your posts that suggest Torrin admitted doing the "wrong" thing by remonstrating with the alleged perpetrator for previous actions. This is all very subtle, but if presented in evidence in any criminal or civil action, it mitigates the perpetrator's behaviour. I've seen enough of English-based court cases (as a journalist) to know that all sorts of odd, forgotten or accidental statements have been used to either prove innocence or mitigation.

gary brustin the bicycle lawyer http://www.bicyclelawyer.com the site seems to load very very slowly but it's a lead (do a whois on the domain name or ask me, I can)

How I could forget the website name is beyond me... but that's the guy. He seemed awesome the last time someone dealt with him.

Maybe someone should call Lucklust and pass on the info verbally, since it wouldn't do to have a link and that program he's using?

I thought there was a feature for bikeforums in the user profile where you can turn off stuff like avatars and signatures and stuff like that. It may make the computer program run a bit easier. I'll check around, and if so, we'll work to turn it off so that Lucklust has more text and less bullcrap to listen to.

Koffee

The options are there. I turned off avatars and sigs a long time ago. Makes download much more efficient and relieves me from pointless indulgence (although I do switch the avatars back on occasionally to see what Koffee has stolen... err sorry... adopted as her latest personna) :D

I can't stand that this has happened to Torrin. You know that he ate a lot of the cost for his AIDS ride? Even though he was a full time college student, and wasn't working full time. Torrin, while overly in love with his beautifulness, always gave of himself. I feel like this is a cause more people should be fighting for, more people should be involved in, if you can, if someone can do something, please help.

Some of the Apple voice to text voices programs in OS-8 and 9 didn't seem that bad, I lose my good eye and I'll be in the same boat. If you're using a PC, how about Dragon Simply Speaking etc? Are those still around? Also, Kurzweil made the original Reading Machine, they also do software, might check that out. I get hassled in libraries for playing with the reading machines, since I can see OK but as I say, if I ever lose my good eye......

Just another suggestion... get someone to change your "Danger is my middle name" asap.

Problem here is that "Danger" really is his middle name. Torrin legally changed it last year. So it's not exactly a discovery needle in the haystack, if you know what I mean.

just wanted to add my thoughts and well wishes for recovery and justice! ppl in ny are thinking of him...

Has anybody contacted the media to be there for the silent walk? The more hoopla, the more exposure, the more other inquiring minds would want to know what the outcome of the charges are. PRESSURE, PRESSURE, PRESSURE on the DA's office. Don't forget the video camera's in case any accusations are made. I want to see this on the NEWS!!!!!!! I want so bad to be there because I believe in this so strongly but I work that evening. AUUGHHHHHH!!!!

Just a reminder that this is going down tomorrow!

the raffle promises to be pretty excellent, my shop donated a chrome backpack, and there's a bunch of other stuff, talk of a bike, and some tattoo time, and lots of other stuff.

everyone here has already seen the flyer, but:

3:45 PM, 2 civic center drive in san rafael.

raffle at 7:30 at 19 broadway in fairfax.

Torrin and his room mate have contacted the media, there will be at least one reporter from the Marin IJ, and hopefully, some other media folks as well. there is some good news in the form of felony charges for the driver, but right now it's more important than ever to show our support and make our voice heard so he doesn't back down again!

oh yeah, here is the website for the foundation that Torrin is starting: http://offtheback.org, along with an article on the bclu's website (http://bclu.org) about the incident.

check this link out. i think you will get a sense of the true torrin...gives us bikers a bad name i think.

http://www.marinij.com/Stories/0,14...2912113,00.html

check this link out. i think you will get a sense of the true torrin...gives us bikers a bad name i think.

http://www.marinij.com/Stories/0,14...2912113,00.html

he's cross-posted this in 3 different threads...

http://www.bikeforums.net/search.php?searchid=1133532

Given the legal proceedings, the ease of mining
information from the internet, and the precedent
being set of the attorney's reading posts here
I would caution everyone about what they post
about this situation.

Marty

check this link out. i think you will get a sense of the true torrin...gives us bikers a bad name i think.

http://www.marinij.com/Stories/0,14...2912113,00.html
You're an *******

I concur.. it's patently obvious based on today's article in the Marin IJ.. that his lawyer will use, and say ANYTHING, be it admissible in court, or relevant or not to the happenings of the actual event WITNESSED by MULTIPLE individuals. The turd slinging has begun. Torrin should definitely not sweat it. This is what lawyers and PI's get paid to do. Don't let them rattle your cage. Irregardless of what has or has not occurred in the past, it is VERY clear that Torrin is the victim in this particular situation, and his cost for this incident, is NOT BEING ABLE TO SEE FOREVER. I find it sad that once again, we find yet another person in our society refusing to own up to a mistake, and instead, trying to find a way out.. so selfish. Me and the other superheroes are pooling our resources to see that justice is served. In this case.. by the court of LAW. Thor's hammer has spoken.

This thread has been temporarily locked.
Please PM me or any other Moderator with any questions.

[165]

Moderator