johnny99
04-11-08, 09:15 PM
San Jose Mercury-News: http://www.mercurynews.com/ci_8896346
CHP: Deputy should face criminal charges in death of two bicyclists in Cupertino
By Sean Webby
Mercury News
Article Launched: 04/11/2008 07:39:33 PM PDT
A report by California Highway Patrol investigators recommends a Santa Clara County sheriff's deputy face criminal charges for smashing his patrol car into a group of bicyclists, killing two of them.
After a month-long investigation, the CHP is suggesting in the report that the Santa Clara County District Attorney's Office file two misdemeanor vehicular manslaughter charges against Deputy James "Tommy" Council, sources told the Mercury News.
If Council were convicted of these charges, the 27-year-old deputy could face up to two years in jail. While no information was available Friday regarding the CHP's rationale for its recommendation, the fact that Council might face misdemeanor charges - rather than felonies - suggests investigators do not believe the deputy is guilty of gross negligence such as drunk driving.
Prosecutors received the CHP's report Thursday and are now reviewing it, Assistant District Attorney David Tomkins said.
The district attorney's office then will either file charges - not necessarily the ones suggested - decline to file charges or send the report back for further investigation. Tomkins gave no timeline.
Council, through his lawyer Mary Sansen, declined to comment.
The deputy was on patrol on the morning of March 9 on Stevens Canyon Road in Cupertino when his patrol car crossed double-yellow traffic lines and smashed into a group of training cyclists. Matt Peterson, 29, of San Francisco, and Kristy Gough, 30, of Oakland died in the crash. Reached by phone, Gough's family declined to comment.
Some witnesses reported that they heard the deputy say he may have fallen asleep at the wheel. It was unclear Friday if the report, which was not publicly released, concluded why Council crashed into the cyclists.
While the CHP could have recommended no charges, the misdemeanors are on the lower end of the spectrum that Council could face. The CHP might have recommended felony vehicular manslaughter, which carries a penalty of six years in prison for each count.
The difference between the two charges is in the degree of negligence. For example, if Council knew he had a medical condition such as sleep apnea and drove anyway, investigators may have recommended more serious charges. Drunk drivers who kill people in accidents are often charged with felony vehicular homicide.
But sources told the Mercury News that the deputy was apparently not drunk nor did he have any sleep disorders that he knew of.
Recent car crashes which have ended up in court illustrate the range of charges that can arise. A University of California-Berkeley student who caused an accident while driving journalist David Halberstam to an appointment in Menlo Park was convicted earlier this year of misdemeanor vehicular manslaughter in connection with Halberstam's death. He was sentenced to five days in jail.
In 2006, a diabetic man who allegedly overdosed on insulin medication caused a fiery crash on a freeway off-ramp in San Jose, killing a young couple. The man was indicted by a grand jury earlier this year in Santa Clara County on charges of felony vehicular manslaughter.
Contact Sean Webby at (408) 920-5003 or at swebby@mercurynews.com.
CHP: Deputy should face criminal charges in death of two bicyclists in Cupertino
By Sean Webby
Mercury News
Article Launched: 04/11/2008 07:39:33 PM PDT
A report by California Highway Patrol investigators recommends a Santa Clara County sheriff's deputy face criminal charges for smashing his patrol car into a group of bicyclists, killing two of them.
After a month-long investigation, the CHP is suggesting in the report that the Santa Clara County District Attorney's Office file two misdemeanor vehicular manslaughter charges against Deputy James "Tommy" Council, sources told the Mercury News.
If Council were convicted of these charges, the 27-year-old deputy could face up to two years in jail. While no information was available Friday regarding the CHP's rationale for its recommendation, the fact that Council might face misdemeanor charges - rather than felonies - suggests investigators do not believe the deputy is guilty of gross negligence such as drunk driving.
Prosecutors received the CHP's report Thursday and are now reviewing it, Assistant District Attorney David Tomkins said.
The district attorney's office then will either file charges - not necessarily the ones suggested - decline to file charges or send the report back for further investigation. Tomkins gave no timeline.
Council, through his lawyer Mary Sansen, declined to comment.
The deputy was on patrol on the morning of March 9 on Stevens Canyon Road in Cupertino when his patrol car crossed double-yellow traffic lines and smashed into a group of training cyclists. Matt Peterson, 29, of San Francisco, and Kristy Gough, 30, of Oakland died in the crash. Reached by phone, Gough's family declined to comment.
Some witnesses reported that they heard the deputy say he may have fallen asleep at the wheel. It was unclear Friday if the report, which was not publicly released, concluded why Council crashed into the cyclists.
While the CHP could have recommended no charges, the misdemeanors are on the lower end of the spectrum that Council could face. The CHP might have recommended felony vehicular manslaughter, which carries a penalty of six years in prison for each count.
The difference between the two charges is in the degree of negligence. For example, if Council knew he had a medical condition such as sleep apnea and drove anyway, investigators may have recommended more serious charges. Drunk drivers who kill people in accidents are often charged with felony vehicular homicide.
But sources told the Mercury News that the deputy was apparently not drunk nor did he have any sleep disorders that he knew of.
Recent car crashes which have ended up in court illustrate the range of charges that can arise. A University of California-Berkeley student who caused an accident while driving journalist David Halberstam to an appointment in Menlo Park was convicted earlier this year of misdemeanor vehicular manslaughter in connection with Halberstam's death. He was sentenced to five days in jail.
In 2006, a diabetic man who allegedly overdosed on insulin medication caused a fiery crash on a freeway off-ramp in San Jose, killing a young couple. The man was indicted by a grand jury earlier this year in Santa Clara County on charges of felony vehicular manslaughter.
Contact Sean Webby at (408) 920-5003 or at swebby@mercurynews.com.