Man texting while driving kills boy on bicycle

[the beef]

I hate to post this; I really do. A 13-year old boy was killed yesterday while riding his bicycle in Massachusetts. The accused is a 31-year-old man who had been driving his SUV and texting on his cell phone when he hit what he says he thought was 'a mailbox'.

Just terrible. When will drivers learn that cell phone use while driving is a poor idea with consistently tragic consequences?

http://www.boston.com/news/local/breaking_news/2007/12/man_texting_whi.html

http://www.boston.com/news/local/articles/2007/12/28/man_charged_in_hit_and_run/

[Dubbayoo]

terrible....terrible.

[Milice]

I hope there is a special place in hell for this man.

[Thumpic]

if he has a concience; he's in hell already.............

[Namenda]

He thought he hit a mailbox? I've never seen a mailbox ride a bike before (and no, this doesn't mean I want to see some obscure youtube video of an idiot in a mailbox suit riding a bike).

Hit and run....hopefully he'll will do some time for that. Cedar Junction awaits, if there's any justice.

[LowCel]

This is the same way sydney passed away. This sucks!!!!

[cuda2k]

Talking on a cell while driving is a BAD idea, texting while driving is a hundred times worse! sydney was struck and killed Thanksgiving 2005 by a teen trying to text while driving. Sadly, the message hasn't reach enough ears yet.

[waytoomanybikes]

Among all of the other things

"driving without a licence"

No-one seems to be questioning the matter of factness with which he not only killed a boy but did it while having no right to be on the road.

And for this - $5,000 bail.

[Namenda]

And for this - $5,000 bail.

Being in Mass, I'm surprised he didn't walk on personal recognizance. The judges in this state tend to be peculiar, if not downright infuriating.

[johnny99]

Not the first time this has happened. Wasn't Sydney (a frequent poster in this forum) killed by a teenager who was texting while driving?

[redirekib]

Did anyone catch the story of the young girl killed on her Christmas bike on Christmas day? people need to slow down espicially in residential neighborhoods

[Homebrew01]

A while ago I saw a woman talking on the cell-phone, with a dog on her lap barking out the window.

[Dynamic]

the driver has the majority of the fault
but what the hell are the kids doing walking near the street at 12:30 am.
drivers that are up n about around then are more ignorant than during the day.

[Sirrobinofcoxly]

****

[Sianelle]

It always amazes me that if you walk up to someone in the street and stab them to death you'll be doing major jail time; BUT if you run them over while driving a car all you get is a slap on the wrist with a wet bus ticket.

[mrbubbles]

It always amazes me that if you walk up to someone in the street and stab them to death you'll be doing major jail time; BUT if you run them over while driving a car all you get is a slap on the wrist with a wet bus ticket.

There's a difference. Stabbing is intentional, unintentionally running people over with a car while on cell phone is pure stupidity. Still, society places way too much leniency on stupidity when it's just as dangerous as the guy stabbing another person in the street.

"Oops, I accidently crushed and killed you with *insert your choice of murder weapon besides guns and knives*, I should be able to go free the next day."

[CrimsonKarter21]

Damn kids always riding their damn bicycles on the road where they don't belong. I demand that all bikes be moved to the sidewalks, Hell, the TdF should be a rolemodel and race on the sidewalks.

[Savagewolf]

In Washington (state) they can now ticket you for texting while driving. Seems like it should be done already, but most places don't at this time.

[operator]

Damn kids always riding their damn bicycles on the road where they don't belong. I demand that all bikes be moved to the sidewalks, Hell, the TdF should be a rolemodel and race on the sidewalks.

+1

Why can't you jackass roadies ride your bikes on the sidewalk and get off the road.

[Kerlenbach]

This is posted over at the Road Cyling forum. Kind of makes you sick.

http://www.boston.com/news/local/breaking_news/2007/12/man_texting_whi.html

[80vette]

He should goto jail for the rest of his life.

[patentcad]

He will get off without serving a day of jail time. I'll be surprised if he pays over $1000 in fines.

[johnny99]

In Washington (state) they can now ticket you for texting while driving. Seems like it should be done already, but most places don't at this time.

A similar California law goes into effect next year. I hope it makes a difference.

[tzracer]

Now you can do something.

http://www.amadirectlink.com/justice/

[ChipSeal]

The perp cager was driving without a license, he kills someone, and they release him with $5000 bond? Please someone park a patrol car near his house to bust him when he drives again!

[CB HI]

if he has a concience; he's in hell already.............If he had a concience; he would have stopped and helped the kid.

[gpsblake]

Only a $5,000 bond? When they start equating driving away from an deadly accident as at least 2nd degree murder, will things change...

I would bet this driver was drunk as a skunk... hit the kid.... went to his house to sober up.... then turned himself in..

As long as it pays to flee the scene of the accident when drunk, things like this will continue to happen.

Right now, if you are drunk driving and kill someone... for all means... drive off and sober up first.... you'll get 1/10th the sentence....

[ban_hammer]

If he had a concience; he would have stopped and helped the kid.

The perps around here often wait to turn themselves in to get the alcohol out of their system, or whatever. And not to beat a dead horse here but some responsibility does lie with the parents involved, it takes a special kind of genius to let a 13 year old kid ride on the street at 12:30 a.m.

[Spreggy]

The perps around here often wait to turn themselves in to get the alcohol out of their system, or whatever. And not to beat a dead horse here but some responsibility does lie with the parents involved, it takes a special kind of genius to let a 13 year old kid ride on the street at 12:30 a.m.

Did you sneak out to see girls at 13? I did, and I'll be standing ready to throttle my kids for it. But it will happen.

With the technology of cell phones, there should be some manner of making them useless inside vehicles.

[Big Paulie]

please move this to A&S

+1

[permanentjaun]

Did you sneak out to see girls at 13? I did, and I'll be standing ready to throttle my kids for it. But it will happen.

With the technology of cell phones, there should be some manner of making them useless inside vehicles.

But what if you're just a passenger, and you want to make a call/text?

[HigherGround]

This is the same way sydney passed away. This sucks!!!!

My thoughts exactly, even before reading the first post. sydney was killed right around Thanksgiving, and this happens right after Christmas. Those holidays will never be the same for the families. :(

[Red Rider]

The perps around here often wait to turn themselves in to get the alcohol out of their system, or whatever. And not to beat a dead horse here but some responsibility does lie with the parents involved, it takes a special kind of genius to let a 13 year old kid ride on the street at 12:30 a.m.

There is no end to a hormone-driven 13 yr. old's creativity to escaping parental bounds. I wouldn't LET my kids wander the street at 12:30 but if I'm asleep and they escape...

In retrospect I realize I should have put bars on the windows and handcuffed them to their beds. Damn, I sucked as a mother. How they reached adulthood unscathed is a freakin' miracle.

[kmac27]

What a dumb*****!! Hey a mailbox I'm going to hit it!! Great defense. BTW I hate cell phones!! Flat out despise them.

[donnamb]

please move this to A&S
Done.

[StrangeWill]

Ah, our justice system does work....

How the HELL do these judges keep their jobs without being tar and feathered?

[StrangeWill]

There is no end to a hormone-driven 13 yr. old's creativity to escaping parental bounds. I wouldn't LET my kids wander the street at 12:30 but if I'm asleep and they escape...
It's kind of like that cop that doesn't wanna do his job, so if he just happens to NOT see the crime be committed himself... Just because a lot of parents do a ****ty job doesn't mean it's ok.

Anyway, while texting and driving is horrible, a tiny bit of emotionless reason in the back of my head says that some part of the gene pool is a little more clean right now.

Frankly, laws aren't going to do ****, especially with this "oh thats bad, don't do it again" attitude that judges apparently have to manslaughter, again, as mentioned, people are getting off with lighter fines than I would for SPEEDING, and I'm not killing anyone. Where is the logic in that? I swear this world is full of bat**** insane people.

[Carusoswi]

This is a tragic story, and my heart goes out to the victim, his parents, extended family, and friends.

Some of the comments in this tread, however, truly baffle me, and there are others to which I would like to simply offer a response:

Anyway, while texting and driving is horrible, a tiny bit of emotionless reason in the back of my head says that some part of the gene pool is a little more clean right now.

How is the gene pool cleansed in any way by this accident? Was the child-aged victim of some undesirable lineage or afflicted with some genetically onerous trait? Please explain.

I hope there is a special place in hell for this man.

Wishing this man a special punishment in hell will not benefit the victim or his family. Rather, I hope the victim had his life in order and that the perpetrator will avail himself of the opportunity to do likewise. If you believe in the hereafter, then you realize that what you do for eternity is of far greater importance than how much time you have on this earth. If you don’t believe in eternity, then your statement is ever so much useless dribble.

He thought he hit a mailbox? I've never seen a mailbox ride a bike before (and no, this doesn't mean I want to see some obscure youtube video of an idiot in a mailbox suit riding a bike).

Hit and run....hopefully he'll will do some time for that. Cedar Junction awaits, if there's any justice.

He claims that he thought he hit a mailbox. If, as alleged, he was texting at the time, then he has yet to see a mailbox ride a bike before, either.

The relevant and tragic point is that the driver did not see the cyclist (or the road, or anything else in his path) – we could accept the excuse offered at face value or speculate on other possible causes of the driver’s inattention. That he evaded authorities as long as he did makes it impossible for other causes (carrying more serious legal consequences) to be ruled out.

I hope he receives appropriate punishment, whatever form that punishment may take.

Among all of the other things

"driving without a licence"

No-one seems to be questioning the matter of factness with which he not only killed a boy but did it while having no right to be on the road.
Says who? I am certain that driving without a license will be on the list of the charges that he faces . . . and what do you mean by the use of the phrase “matter of factness”? Being unlicensed is one issue, hitting and killing the child is another. I would assume that possession of a license would not have changed the outcome of this tragic accident.

I am suspicious of the motives behind the driver’s delay in turning himself in, and, although I am as guilty of speculation as anyone else, I don’t really buy his statement that he didn’t realize that he hit a kid until he rode by (returned to) the scene (of the crime) “on his way to work” later.

We’ll never know, but the sequence of events is disturbingly similar to that followed by many hit and run drivers to evade the more serious consequences of DUI in connection with fatal collisions.


And for this - $5,000 bail.
You make it sound as though bail is some exclusive indicator of prejudgment that somehow predicts the outcome of the case, or, perhaps, a punishment in and of itself. The only purpose that bail serves is to impose some collateral upon the accused to better insure that he/she will appear for trial.

Factors in addition to the seriousness of the charges would include the nature of the offense (this guy ran over and killed a cyclist – he did not commit premeditated murder, he did not go on a rampage to kill citizens at random, one would hope that he is not likely to commit this offense again as a result of being released on bail), and, as deemed by the court, the low flight risk of the accused, his clean prior record – all considerations that would support his release pending the outcome of his trial without the imposition of a high bail.

The amount of bail has absolutely no bearing upon the outcome of the trial, and is available for refund to the accused when he keeps his promise and shows up for trial. Bail is no more (or less) than that.

Understand?

Being in Mass, I'm surprised he didn't walk on personal recognizance. The judges in this state tend to be peculiar, if not downright infuriating.

So, either you also don’t understand the concept behind bail, or you would like to see the guy punished before he is convicted of a crime. This fellow, unfortunate at his own hand, can likely look forward to some jail time. Being out on bail pending the outcome of his trial will allow him a period of relative freedom during which he can get his affairs in order and (hopefully) prepare more adequately for his defense (one of the benefits of the American system of justice).

Did anyone catch the story of the young girl killed on her Christmas bike on Christmas day? people need to slow down espicially in residential neighborhoods

What has one accident to do with the other? I saw the story. Tragically, the little girl out riding her brand new bike, disobeyed instructions given to her by her parents, and darted from the sidewalk out into the street where she was struck by a passing motorist who was unimpaired and obeying all the rules of the road. People needing to slow down (or their lack of slowing down) was not a contributing factor. The driver in that case was fully aware of the collision, stopped, offered assistance to the victim, waited for authorities, and was cleared of any wrong doing. You left out those details.

the driver has the majority of the fault
but what the hell are the kids doing walking near the street at 12:30 am.
drivers that are up n about around then are more ignorant than during the day.

So, if it were an adult who was riding at that time of day, that victim would bear less responsibility than this poor kid (or his parents), right?

Cyclists and pedestrians have the right to walk near or on the street at any time when motor vehicles are privileged to operate upon those same streets. Unless the area was under some special, government-imposed curfew, those two boys were breaking no laws – and they bear absolutely no responsibility for this tragic accident. The errant driver is wholly at fault.


It always amazes me that if you walk up to someone in the street and stab them to death you'll be doing major jail time; BUT if you run them over while driving a car all you get is a slap on the wrist with a wet bus ticket.

Another post that, I assume, interprets release on minimal bail as some sort of free ticket out of jail. The outcome of this case has yet to be determined. Why don’t we wait for that outcome before lumping this tragic accident anecdotally with others where we feel that the punishment is not severe enough for the crime committed?

He should goto jail for the rest of his life. If making that statement makes you feel better, then fine. None of us knows this guy – we don’t even know why he has no license (could be for prior DUI, could be that he never had a license – the defense points out that he has never been convicted of a prior crime), my point is that we know nothing about him. He should not have been driving without a license, he should not have been texting while driving (if that allegation is more than just an excuse to mask more serious impairment). But, he did not purposely set out to kill the victim, so, notwithstanding your emotional statement to the contrary, life in prison is not a likely (and probably not a just) punishment.

He will get off without serving a day of jail time. I'll be surprised if he pays over $1000 in fines.

I respectfully disagree. I think that he will serve some jail time, but, if not, then, a no-jail punishment will be the result of mitigating evidence skillfully presented during trial, said evidence to which, at this time, you and I are not privy. I say we should revisit this issue after the trial.

Furthermore, the family, if properly advised, will likely file civil suits against the perpetrator, and, in my view, attaching a proportion of his current or future assets for disbursement to the family would make more sense than sending him to jail where he will live at taxpayer expense while earning a pittance. Justice from the “head” is better than justice from the “gut’ in my book.

If he had a concience; he would have stopped and helped the kid.
I don’t disagree . . . except that conscience can be dulled – and, frankly, I suspect that his may have been at the time of this tragic accident. We’ll never know for sure – he evaded arrest for a period sufficient to mask the effects of alcohol in his system – can’t speak to other substances that might have contributed to his distraction.

Hearing of such tragic accidents is always disheartening. I, myself, am as vulnerable to drivers prone to distraction as anyone. I ride long distances in all sorts of weather at all times of the day. Unfortunately, I no longer require permission from my parents to be out at the wee hours (would that I could roll back the clock!), but, if I am awake at 2:00 AM, I’m as likely to hop on my bike as I am to drink a warm glass of milk.

We cyclists and pedestrians alike, no matter our age, have every right to be out and to make legal use of roadways at that hour just as motorists do.

In my view, our advocacy is not well served by arguments that lack logic, are irrelevant, or based upon speculation. This young victim’s legacy is also not well-served by similar arguments.

I trust that the above comments will be read in the tone in which I hoped to offer them. I’m not looking to pick a fight, did not seek to make a personal attack, yet, I feel strongly about my beliefs as evidenced above.

Let us all strive to advocate for true reform in attitudes and in legislation that will meaningfully improve cycling for cyclists young and old.

Have a safe and happy new year.

Caruso

[Ropopompom]

When I was told that driving while using a mobile phone is not illegal in America, I decided I would never cycle there.

It's illegal in the UK and obviously when I'm at work (couriering) I do see people texting and talking on an alarmingly regular basis. But at least they are liable to be punished specifically for using a phone while driving, whether they're caught in the act (highly unlikely) or they cause an accident while doing so.

[Carusoswi]

I share your emotions, but disagree with your reaction. Please see my post in the previous thread concerning this tragic accident.

Caruso

[Bicure]

Until deaths/injuries caused by motor vehicles result in massive mandatory fines/jail time, nothing will change.

Cars are dangerous under ALL circumstances, and should ALWAYS be operated with GREATER care than guns, especially as 10 times more people are killed with cars as guns in the US.

And we have a frighteningly high rate of gun deaths here...

[DieselDan]

If any other consumer goods product killed a tenth of the people that autos do, it would be removed from the market. I visit my mother-in-law in a nursing home, and half of the residents are there from severely disabling auto accidents. It is way too easy to obtain a license. Driver education is not even required. Just read a little book, take a written test, then a road test with some underpaid, uncaring gubberment employee, and off you go.

[Namenda]

So, either you also don’t understand the concept behind bail, or you would like to see the guy punished before he is convicted of a crime. This fellow, unfortunate at his own hand, can likely look forward to some jail time. Being out on bail pending the outcome of his trial will allow him a period of relative freedom during which he can get his affairs in order and (hopefully) prepare more adequately for his defense (one of the benefits of the American system of justice).


I understand the concept of bail. You're putting words in my mouth...and far too many of them, I might add.

[Walter]

Carusowi is right regarding the bail. The driver will get that back when he show for trial even if he's convicted and sent directly to jail. Bail is constitutionally mandated and rarely withheld.

I'm very disappointed with Strangewill's rather stupid "gene pool" comment. I can only surmise that he must have been a shut-in kid who never ever disobeyed his parents and as such has no concept that even "good" kids who go on to become responsible adults and members of society do dumb things. In fact, I always thought that was part of being a kid.

The tragedy is that this young man has had all of his future potential taken away by an act that was at best careless to the extreme and probably criminally negligent.

All of this bickering makes me uncomfortable though so I'll step out. Somewhere 2 parents are enduring inconsolable grief as they ask themselves questions that have no real answers. I wish them God's Peace as they try to move on.

[Ropopompom]

If any other consumer goods product killed a tenth of the people that autos do, it would be removed from the market. I visit my mother-in-law in a nursing home, and half of the residents are there from severely disabling auto accidents. It is way too easy to obtain a license. Driver education is not even required. Just read a little book, take a written test, then a road test with some underpaid, uncaring gubberment employee, and off you go.

But cars don't kill people. Drivers do.

However, I agree that it is far too easy to obtain a license.

The fact is that cars=profit and I don't see that changing any time soon.

[remsav]

Only a $5,000 bond? When they start equating driving away from an deadly accident as at least 2nd degree murder, will things change...

I would bet this driver was drunk as a skunk... hit the kid.... went to his house to sober up.... then turned himself in..

As long as it pays to flee the scene of the accident when drunk, things like this will continue to happen.

Right now, if you are drunk driving and kill someone... for all means... drive off and sober up first.... you'll get 1/10th the sentence....

+1

More like 5-20 years in prison if you kill someone while drunk driving vs zero for hit and run. He was definitely drunk and had to create a plausible story to explain how he could run over someone and not stop and provide aid.

[DieselDan]

But cars don't kill people. Drivers do.

However, I agree that it is far too easy to obtain a license.

The fact is that cars=profit and I don't see that changing any time soon.

Not my point. Anything can be misused and cause harm. I should have added the misuse or inattentive use of an auto.

Come to think of it, in the aftermath of the massive settlement with tobacco companies, and the current civil litigation against gun manufacturers and gun dealers, why not go after auto makers and auto dealers in the same fashion?

[StrangeWill]

I'm very disappointed with Strangewill's rather stupid "gene pool" comment. I can only surmise that he must have been a shut-in kid who never ever disobeyed his parents and as such has no concept that even "good" kids who go on to become responsible adults and members of society do dumb things. In fact, I always thought that was part of being a kid.

Stupid parents breed stupid kids, the remark is not stupid. You could say it's normal, but I don't see it being normal, I work past midnight many a night, I barely ever see kids on the street, EVER. It's not normal. It's abnormal and comes from bad parenting and a renegade kid that generally is going to be a burden on society, breeds the kinds of people that text while drive and make other stupid mistakes. Strange how we support bad behavior when people see it as "normal" but once one of their biker friends gets hit, it's evil.

Frankly, I'm tired of bad parenting, it causes a lot of **** heads to grow up and be adult **** heads. Of course we're going to make the illogical decision that allowing people to be idiots is fine, but we expect them to magically change their ways at the age of 16 when they're behind the wheel of a car. Or the even better argument to ban cars.

Everyone wont win if you want your dramatic changes of people bettering themselves to come true. You can't have your cake be perfect but have the idiots making it too.

[ralph12]

The perps around here often wait to turn themselves in to get the alcohol out of their system, or whatever. And not to beat a dead horse here but some responsibility does lie with the parents involved, it takes a special kind of genius to let a 13 year old kid ride on the street at 12:30 a.m.

I don't think any responsibility lies with anyone except the unlicensed driver TEXTING WHILE DRIVING. The victim's age has nothing to do with it.

[ralph12]

Anyway, while texting and driving is horrible, a tiny bit of emotionless reason in the back of my head says that some part of the gene pool is a little more clean right now..

Reading that makes me sick. I can't believe someone would say something like that.