MartyC
09-05-01, 09:36 AM
Thought I'd share some good news.
Cyclest 1
Mortoring Primates 0
South Sound Wednesday, August 22, 2001
Driver gets year in jail for hitting bicyclist
Cyclist still injured after Christmas Day hit-and-run
LIONA TANNESEN, THE OLYMPIAN
"Every cyclist who cycles regularly can regale you with stories of aggressive behavior on the part of motorists." -- Russ Lehman, former president of Capital Bicycling Club
OLYMPIA -- In a case bicyclists say is a step in the right direction, a man was sentenced to a year in jail for swerving into a bicyclist on Christmas Day and then leaving her on the road.
"I think it sends a great message to the community that this type of behavior won't be accepted," said Russ Lehman, a former president of the Capital Bicycling Club who spoke in court for the victim.
Calvert Anderson pleaded guilty to felony hit-and-run with an injury and was sentenced Tuesday.
"I'm sorry," Anderson said. "Please understand there was absolutely no malice intended."
Whether or not Anderson struck bicyclist Marian Tyler on purpose is one of the issues that would have been determined in a trial.
Deputy Prosecuting Attorney Jim Powers said Tyler, an avid cyclist, didn't skip her regular ride because it was Christmas Day.
She was in the bike lane on Boulevard Road in Olympia and Anderson, who was headed in the same direction, swerved into her lane to try to pass someone who was making a left turn.
She put her hand in the air to ask what he was doing, Powers said.
Then Anderson shouted "Merry Christmas" in a sarcastic voice and pulled in front of Tyler, causing her to crash, Powers said.
"She was tossed up and then down," Powers said witnesses reported. "What they were aghast about is they saw the defendant and his son laughing."
But defense attorney Ann Stenberg said Anderson and his son were listening to loud music and laughing about something unrelated.
"It is my client's contention that he did not mean harm to this victim," Stenberg said.
Anderson told the judge that he had spent the past nearly four years getting his life together for the first time after kicking a drug and alcohol addiction.
Both attorneys recommended eight months in jail.
But Judge Daniel Berschauer ordered Anderson to spend 12 months in jail.
"Suffice it to say you caused another human being long-term suffering, perhaps a lifetime of suffering," Berschauer said.
The longer sentence shows Berschauer recognizes the seriousness of the offense, Lehman said.
"Every cyclist who cycles regularly can regale you with stories of aggressive behavior on the part of motorists," Lehman said.
Cyclists have been concerned about making sure these offenses are prosecuted, and Tyler was the liaison between the biking community, law enforcement and prosecutors when she was hit.
She was scratched, sore and bruised right afterward. Everything has healed except her wrist.
Tyler, who also is president of Capital Bicycling Club, cannot bike now because her arm is in a sling after surgery last week to repair torn ligaments in her right wrist.
"But she will," Lehman said.
The Olympian Copyright 2001
********
Bicycle Alliance of Washington
PO Box 2904
Seattle, WA 98111
206/224-9252
http://www.bicyclealliance.org
Cyclest 1
Mortoring Primates 0
South Sound Wednesday, August 22, 2001
Driver gets year in jail for hitting bicyclist
Cyclist still injured after Christmas Day hit-and-run
LIONA TANNESEN, THE OLYMPIAN
"Every cyclist who cycles regularly can regale you with stories of aggressive behavior on the part of motorists." -- Russ Lehman, former president of Capital Bicycling Club
OLYMPIA -- In a case bicyclists say is a step in the right direction, a man was sentenced to a year in jail for swerving into a bicyclist on Christmas Day and then leaving her on the road.
"I think it sends a great message to the community that this type of behavior won't be accepted," said Russ Lehman, a former president of the Capital Bicycling Club who spoke in court for the victim.
Calvert Anderson pleaded guilty to felony hit-and-run with an injury and was sentenced Tuesday.
"I'm sorry," Anderson said. "Please understand there was absolutely no malice intended."
Whether or not Anderson struck bicyclist Marian Tyler on purpose is one of the issues that would have been determined in a trial.
Deputy Prosecuting Attorney Jim Powers said Tyler, an avid cyclist, didn't skip her regular ride because it was Christmas Day.
She was in the bike lane on Boulevard Road in Olympia and Anderson, who was headed in the same direction, swerved into her lane to try to pass someone who was making a left turn.
She put her hand in the air to ask what he was doing, Powers said.
Then Anderson shouted "Merry Christmas" in a sarcastic voice and pulled in front of Tyler, causing her to crash, Powers said.
"She was tossed up and then down," Powers said witnesses reported. "What they were aghast about is they saw the defendant and his son laughing."
But defense attorney Ann Stenberg said Anderson and his son were listening to loud music and laughing about something unrelated.
"It is my client's contention that he did not mean harm to this victim," Stenberg said.
Anderson told the judge that he had spent the past nearly four years getting his life together for the first time after kicking a drug and alcohol addiction.
Both attorneys recommended eight months in jail.
But Judge Daniel Berschauer ordered Anderson to spend 12 months in jail.
"Suffice it to say you caused another human being long-term suffering, perhaps a lifetime of suffering," Berschauer said.
The longer sentence shows Berschauer recognizes the seriousness of the offense, Lehman said.
"Every cyclist who cycles regularly can regale you with stories of aggressive behavior on the part of motorists," Lehman said.
Cyclists have been concerned about making sure these offenses are prosecuted, and Tyler was the liaison between the biking community, law enforcement and prosecutors when she was hit.
She was scratched, sore and bruised right afterward. Everything has healed except her wrist.
Tyler, who also is president of Capital Bicycling Club, cannot bike now because her arm is in a sling after surgery last week to repair torn ligaments in her right wrist.
"But she will," Lehman said.
The Olympian Copyright 2001
********
Bicycle Alliance of Washington
PO Box 2904
Seattle, WA 98111
206/224-9252
http://www.bicyclealliance.org