CHP completes initial probe into deputy's fatal crash into cyclists
By Leslie Griffy
Mercury News
Article Launched: 04/10/2008 12:01:32 PM PDT
The California Highway Patrol today finished its initial investigation into the fatal crash that left two cyclists dead and another injured after a Santa Clara County Sheriff's patrol car crossed a double-yellow line and ran into them a month ago.
While the report has been forwarded to the Santa Clara District Attorney's office, both Assistant District Attorney David Tomkins and CHP spokesman Todd Thibodeau declined to comment on the case.
It is unclear if the deputy who was driving the car, James Council, will face charges related to the crash. Thibodeau declined to say whether or not his office is recommending that Council be taken to court, noting that the District Attorney's office is assisting in the investigation and will decide whether to charge Council.
"We are not releasing any information until they make their determination," he said.
Council crossed a double-yellow line at about 10:30 a.m. on March 9 on Stevens Canyon Road in Cupertino. His patrol car plowed into a group of elite cyclists on a training ride on the hilly road popular with riders.
The crash killed Matt Peterson, 30, and Kristianna Gough, 31. Christopher Knapp, 20, suffered two broken limbs, but survived.
Council told other cyclists at the scene that he had fallen asleep at the wheel. Thibodeau declined to say if CHP investigators found evidence of that.
In the days following the deaths, Santa Clara County Sheriff Laurie Smith tearfully apologized for the crash, saying her office accepted responsibility.
Contact Leslie Griffy at lgriffy@mercurynews.com or (408) 920-5945.
caloso
04-10-08, 01:38 PM
http://www.mercurynews.com/ci_8879057
CHP completes initial probe into deputy's fatal crash into cyclists
By Leslie Griffy
Mercury News
Article Launched: 04/10/2008 12:01:32 PM PDT
The California Highway Patrol today finished its initial investigation into the fatal crash that left two cyclists dead and another injured after a Santa Clara County Sheriff's patrol car crossed a double-yellow line and ran into them a month ago.
While the report has been forwarded to the Santa Clara District Attorney's office, both Assistant District Attorney David Tomkins and CHP spokesman Todd Thibodeau declined to comment on the case.
It is unclear if the deputy who was driving the car, James Council, will face charges related to the crash. Thibodeau declined to say whether or not his office is recommending that Council be taken to court, noting that the District Attorney's office is assisting in the investigation and will decide whether to charge Council.
"We are not releasing any information until they make their determination," he said.
Council crossed a double-yellow line at about 10:30 a.m. on March 9 on Stevens Canyon Road in Cupertino. His patrol car plowed into a group of elite cyclists on a training ride on the hilly road popular with riders.
The crash killed Matt Peterson, 30, and Kristianna Gough, 31. Christopher Knapp, 20, suffered two broken limbs, but survived.
Council told other cyclists at the scene that he had fallen asleep at the wheel. Thibodeau declined to say if CHP investigators found evidence of that.
In the days following the deaths, Santa Clara County Sheriff Laurie Smith tearfully apologized for the crash, saying her office accepted responsibility.
Contact Leslie Griffy at lgriffy@mercurynews.com or (408) 920-5945.
You mean other than his spontaneous statement against interest?
UmneyDurak
04-10-08, 01:43 PM
It's all dog and pony show (thats a correct phrase right?). No charges will be brought up against him.
Bostic
04-10-08, 01:52 PM
Why is this news being released if the actual details we want to know is still being kept under wraps?
damnpoor
04-10-08, 01:57 PM
It's all dog and pony show (thats a correct phrase right?). No charges will be brought up against him.
I work with a guy who's a San Fran cop, and he basically said the same thing. In order to charge him with any real crime they have to prove some sort of intent. Falling asleep is bad, but it's not criminally negligent. Either way the dude's career is toast.
uspspro
04-10-08, 02:29 PM
However if they determined it wasn't sleeping, but reckless driving and/or under the influence, then charges would be more likely.
I don't know how they could determine such, but just saying if they did (somehow) then the guy wouldn't skate.
(PS- In no way am I implying any judgment or opinion on the conditions of the incident)
johnny99
04-10-08, 03:08 PM
I work with a guy who's a San Fran cop, and he basically said the same thing. In order to charge him with any real crime they have to prove some sort of intent. Falling asleep is bad, but it's not criminally negligent. Either way the dude's career is toast.
That may be true of civilians. I have heard of plenty of cases where the driver gets off by saying "I did not see the bicyclist in my lane". However, for a professional driver with training in safe driving and identifying problem drivers, surely a different standard applies.
rydaddy
04-10-08, 03:30 PM
What if the guy was out partying the night before, causing him to be fatigued the next day. I think the long work hours excuse is a crock. He had plenty of time to rest.
CHP ends investigation of fatal crash that killed 2 bicyclists
John Coté, Chronicle Staff Writer
Thursday, April 10, 2008
(04-10) 18:14 PDT SAN JOSE -- The California Highway Patrol has completed an investigation of a crash in which a Santa Clara County deputy sheriff ran down three bicyclists in Cupertino, killing two of them.
CHP investigators turned their findings over to Santa Clara County prosecutors today for possible charges, authorities said. Neither the CHP nor the District Attorney's office would disclose the findings.
The CHP report contains recommendations on what charges, if any, should be filed in the March 9 crash.
Nick Muyo, a spokesman for the District Attorney's office, said that the CHP was responsible for releasing its own findings, which are not binding on prosecutors.
CHP spokesman Todd Thibodeau refused, saying it was up to prosecutors now that the case has been turned over to them.
"We have the reports and the case is under review," Muyo said. Prosecutors gave no timetable on how long their review would take.
Authorities said Deputy Sheriff James Council crossed the center line on Stevens Canyon Road in Cupertino and struck three cyclists at 10:25 a.m. on March 9, killing bike racers Matt Peterson and Kristy Gough. Cyclist Christopher Knapp, 20, was seriously injured in the collision.
Witnesses at the scene said there were no skid marks and that the officer told them he had fallen asleep at the wheel.
E-mail John Cote at jcote@sfchronicle.com.
Ty.S
04-10-08, 09:38 PM
Those are some long winded writers. Could have summed it up with..
"They aren't telling us SH**"
fsor
04-11-08, 01:03 PM
The guy got two counts of DUI and one count of street racing swept under the carpet and was hired into the same dept as his cop daddy. Independent witnesses (not cyclists) saw Deputy Council driving erratically and speeding prior to the incident. The photos show one cycle embedded in the grill OFF THE ROAD. These cyclists were not weekend warriors...they were athletes at the top of thier game and obviously made extreme efforts to avoid contact, including leaving the roadway. Council was pacing back and forth screaming his career was over while the cyclists were screaming in agony. He made no effort to render aid. He was spirited away from the scene by his fellow officers so that chain of custody intact drug testing could not occur. He did not work a double shift...his daddy got a full page in the paper to talk about what a good boy he was and how he rested at home the night before. I agree that sherriff Laurie can only cry for the cameras two or three times so she gave up one of those pivotal weeps for this bozo. I do not think that cops will file charges against cops but if they do, charges will be quietly dropped in three or four months. Council will now quietly resign (sherriff had to weep) and daddy cop will get him a job with another dept. He has experience.....two dui, street racing and two dead cyclists....Probably be hired as chief of police somewhere.....Cyclists are somewhere below dogs in the political scheme of things.
sweetnsourbkr
04-11-08, 04:24 PM
Damn ... talk about one sided ... :rolleyes:
uspspro
04-11-08, 07:01 PM
The guy got two counts of DUI and one count of street racing swept under the carpet and was hired into the same dept as his cop daddy. Independent witnesses (not cyclists) saw Deputy Council driving erratically and speeding prior to the incident. The photos show one cycle embedded in the grill OFF THE ROAD. These cyclists were not weekend warriors...they were athletes at the top of thier game and obviously made extreme efforts to avoid contact, including leaving the roadway. Council was pacing back and forth screaming his career was over while the cyclists were screaming in agony. He made no effort to render aid. He was spirited away from the scene by his fellow officers so that chain of custody intact drug testing could not occur. He did not work a double shift...his daddy got a full page in the paper to talk about what a good boy he was and how he rested at home the night before. I agree that sherriff Laurie can only cry for the cameras two or three times so she gave up one of those pivotal weeps for this bozo. I do not think that cops will file charges against cops but if they do, charges will be quietly dropped in three or four months. Council will now quietly resign (sherriff had to weep) and daddy cop will get him a job with another dept. He has experience.....two dui, street racing and two dead cyclists....Probably be hired as chief of police somewhere.....Cyclists are somewhere below dogs in the political scheme of things.
We are all saddened and angry over what happened. However your post seems to be laden with paranoia of conspiracy and generally full of contempt.
This guy is not going to be Chief of any PD. This isn't the CIA or highly ranking political entity. His support system will only run so deep.
Personally, I will wait and see what happens, before jumping to any conclusions.
fsor
04-11-08, 07:42 PM
I am full of contempt toward a system that has placed Council above the law. He was indeed treated very differently than any of us would be treated. None of what I wrote about the accident was incorrect. CHP did not give an accurate statement of events in the first, heavily slanted, newspaper article but lectured cyclists about riding abreast and being lawless. The first news articles were generally slams on bay area cyclists. Some of those slams are justified but were extremely out of place in that venue. Council was whisked away by an officer with her arm around him instructing him not to talk. He was not at the scene when the CHP arrived to investigate. He spent weeks before cooperating and making statements with the CHP. The second round of newspaper articles again slammed cyclists and gave a full page to Council's daddy, also a deputy in the same force, that was quite the tearjerker. Fine, but totally irrelevant to the events at hand. Two dui and a street racing charge is more than sipping a beer and chirping the tires......but he got probation. Would you get probation, under similar circumstances? I am not a cop, but I am drug tested routinely and have regular background checks due to my employment. Council is clearly held to a lesser standard. If charges are filed (which I doubt) they will be dropped over time. He will work again as a cop.....yes, I did exaggerate about being Chief....he clearly isn't smart enough. No paranoia...just the facts...and it will keep happening if you let it.
http://www.velonews.com/article/73458/questions-about-the-cupertino-crash