Northern California - Martinez bicyclist killed in hit and run

which seemed to indicate he was partly responsible for the crash ("accident"):
A northbound vehicle apparently crossed over the center line and hit him, said Officer Scott Yox of the California Highway Patrol. Pendleton, an avid cyclist and a member of the Wells Fargo racing team, was returning home on the two-lane road from a training ride. Darkness had already fallen and Pendleton was not using lights or reflectors at the time of the accident.


What? How was it at all his fault? Regardless of what kind of lighting he had or didn't have, the ****ing driver crossed the center line to hit him. I could understand it a bit if he were hit from behind, but it was a head on collision! Ridiculous.

Finally, the arrest makes the paper nine days later.

http://www.contracostatimes.com/top-stories/ci_12570458

Brown posted $85,000 bail June 3 and was released from custody, according to the Contra Costa Sheriff's Office. Attempts to contact him at his home this morning have been unsuccessful. Brown, whose arrest was not publicly announced, is due back in court in late July.

Wright, saying an investigation is ongoing, declined to reveal further details about the arrest, including whether a concerted effort over the last several months by family and colleagues — involving multiple memorial bike rides and posting fliers — led to any tips that resulted in the arrest.

Jeeezzz, nine days, and we wonder why newspapers are dying.

I wonder why it wasn't announced.

Contra Costa Times has gone down really bad the past year.

Contra Costa Times has gone down really bad the past year.

Maybe so but the news didn't make any of the other papers either (until yesterday, now they've all got it). I sent e-mails to the Times and Chron asking about it last week. It still isn't on the "find mark's killer" website.

It was on KCBS as I was driving into work this morning.

Update:

Today the District Attorney set the arraignment date for Harold Brown. On December 21st he will be arraigned in Walnut Creek. We will contact the District Attorney and post the specifics for everyone. We hope to see everyone there, and thank you for the support!
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The investigators have announced that they turned over the case against Harold Brown to the district attourney! The next step is the arraignment. As soon as the arraignment date has been set, it will be posted here. Expect this within the next week to two weeks. The investigators and district attourney have made it clear that all members of the community are urged to show up to the arraignment. The support of the community, cycling community, family, and friends are an important factor in this case. Thank you for your support!

If possible, I will attend. Thank you. Will be looking for the time and room number.

This has been a rather low profile case. The rumors of the arrest were floating around before news was released. When the arrest was made there was no public announcement. Articles after the arrest said he'd be arraigned the next month but there has been six months between the June 2nd arrest and the arraignment (is the usual in a vehicular manslaughter case?) The county has been not released any details of the arrest that have been reported in the papers. Compare this to other vehicular homicides of bicyclists recently where lots of details come out over time.

In any case I Googled around and see if I could find anything about a Harold Brown of El Sobrante.

The name Harold Brown appears on a list of endorsements (http://www.smartvoter.org/2008/11/04/ca/state/vote/desaulnier_m/endorse.html) for a candidate and eventual 2008 winner of the race for CA State Senate district 7 which includes El Sobrante. That particular Harold Brown is listed as a 'Community Leader.'

Does anyone know anything about the actual Harold Brown that was arrested?

Kevin

Does anyone know anything about the actual Harold Brown that was arrested?


I think I know everything I need to know about this guy - let's avoid turning this into an Internet vigilante thing though. Just my $0.02

Harold Brown was arraigned this morning. His attorney is John Burris, publicity hound... same guy who's representing the family of the BART shooting.

Apparently he had previously entered a plea because they didn't read the charges or anything.

Burris argued that the guy wasn't a flight risk, prosecutor said "He left the scene of a fatality, get real".

Went pretty quickly, set bail, handcuffed him and took him away - his bail bondsman didn't show.

Got this from a friend who was there.

Contra Costa Times story (via MyLilPony)
http://www.contracostatimes.com/news/ci_14042958?nclick_check=1

Thanks, DiabloScott and cccorlew, for keeping us up to date on this. It's is good to know that wheels of justice are turning, however slowly.

John Burris, huh? I guess all his publicity-hounding is getting him some paying. And before someone says Burrins might be doing this pro bono, unless there is some personal connection we don't know about, this does not smell like the kind of case any lawyer, and not just Burris, would take for free.

The fact that this gut can pay Birris and can also make bail means he, or someone close to him, has some assets. If the perp does, look for a plea bargain where the guy pleas "no contest" instead of "guilty" so that the judgment on the crimnal side doesn't automatically hose the guy on the civil side. I would be surprised if this case goes to trial. Based on his previous behavior, I doubt the guy has the stones to face a jury.

OK, isn't Burris a prosecuting attorney in the BART case? He's filing charges against the BART police right? Or is he just suing for damages? Obviously there's a lot of sympathizing with the victim in that case and that can play pretty well for a publicity seeking lawyer.

But in this case, he's clearly a criminal defense attorney and the sympathy angle will be against him. Seems like an odd choice. I'd agree with Rich that Burris is probably on a nice retainer for this work. "Assets" though, could just be a good umbrella policy, and "no contest" still probably means significant time in the joint.

Thanks for the update on this.

OK, isn't Burris a prosecuting attorney in the BART case? He's filing charges against the BART police right? Or is he just suing for damages? Obviously there's a lot of sympathizing with the victim in that case and that can play pretty well for a publicity seeking lawyer.

But in this case, he's clearly a criminal defense attorney and the sympathy angle will be against him. Seems like an odd choice. I'd agree with Rich that Burris is probably on a nice retainer for this work. "Assets" though, could just be a good umbrella policy, and "no contest" still probably means significant time in the joint.

Burris is representing the plaintiffs in the civil suit arising out of the BART shooting. Strictly speaking, "prosecutors" are public employees in the District Attorney's office (U.S. Attorney's office in federal couirt). Private lawyers do not prosecute criminal cases, although private attorneys are occasionally hired by one governmental entity or another to serve as "Special Prosecutors," but that is rare.

There is no inherent problem with Burris handling both criminal defense anbd civil plaintiff cases - in less populated areas, being a generalist like that is the rule, not the exception, and even in more populous counties like Alameda and Contra Costa, it is not uncommon. (My boss started out taking a mix of criminal defense and contingency civil plaintiff cases, and we're in SF.)

Scott, you are absolutely correct that a no contest plea still equals criminal punishment - it's the same as a guilty plea as far as the criminal proceedings go. And the guy may well have umbrella insurance coverage. But I do think he's trying to preserve other assets. Umbrella policies don't pay bail, as far as I know. That means he has to have access to $8,500 in cash (10% of the bail, what most bail bond places insist upon) and the ability to secure the rest of the $85,000 bail (like enough equity in a house - another thing that most bail bond places want) . Also, any insurance polcy he has will only cover negligent acts, not intentional ones. Based on what little info I have about this sad case, there is both a negligent act (hitting the cyclist) and an intentional one (leaving the scene) involved here. That is enough to mean that any insurance would likely have to defend the guy in a civil suit, but it also means that there is a chance, depending on how the civil verdict comes down, that the judgment may not be covered, in which case he'd likely have to reimburse the insurance company for the costs of defense, too. Regardless of anything else, any punitive damage award comes out of the perp's pocket - by law, you cannot insure against punitive damages in California. Ain't law great?

In any event, this all adds up to the guy facing serious civil liability (meaning money damages) as well as criminal liability (meaning jail time and/or fines and/or restitution payments). A "guilty" plea in the criminal proceedings is an automatic admission of liability in the case, at least as to the elements of whatever crime(s) he pleads guilty to. A "no contest" plea, however, means that the plaintiff's (in this case, the cyclist's wife and kids) have to prove liability in the civil case. Hence my belief that the good Mr. Burris will have his client cut a plea bargain deal and plead "no contest." Of course, the prosecutor does not have to agree to that - they could insist that the guy plead "guilty." That is posible, but I wouldn't be the ranch in it.

Thanks Rich. Selection of Burris does makes more sense if Mr. Brown's objective is protecting assets rather than a criminal court defense. I realize you're just speculating, but why wouldn't he want a jury trial for the two criminal charges? Maybe Burris advised him he'd just be throwing his money away because he'd be found guilty for sure, so cut a deal for less time? If he were found guilty, wouldn't there still be different civil trial?

Googling Burris though, I see he was penalized for sending illegal solicitations to Katrina victims or something like that trying to stir up business... classic ambulance chaser stuff. :rolleyes:

CoCoTimes also reported that Brown might be back in court on Wednesday, what would that be for?

Thanks Rich. Selection of Burris does makes more sense if Mr. Brown's objective is protecting assets rather than a criminal court defense. I realize you're just speculating, but why wouldn't he want a jury trial for the two criminal charges? Maybe Burris advised him he'd just be throwing his money away because he'd be found guilty for sure, so cut a deal for less time? If he were found guilty, wouldn't there still be different civil trial?

Googling Burris though, I see he was penalized for sending illegal solicitations to Katrina victims or something like that trying to stir up business... classic ambulance chaser stuff. :rolleyes:

CoCoTimes also reported that Brown might be back in court on Wednesday, what would that be for?

As for what he would be in court for on Wednesday, I don't know unless it is to formally take the plea.

As for why I don't think he wants a to have a jury trial, that is speculation based on experience. If he takes his case to trial, he's rolling the dice, and there is a chance he will do some serious time for vehicular manslaughter. That's a pretty serious state prison gig. If he takes a plea, it will be for significantly less prison time than he could get if he is convicted after a trial. I am guessing the perp will not want to take the chance of getting significantly more prison time based on his actions to this point -i.e., leaving the scene of the accident instead of doing the right thing and callling for help - which tell me he is at base a coward. (Hell, even the kid who ran over Sidney from the Mechanics forum stopped, called 911 and tried to give CPR.) Since 90%+ of all criminal cases plea bargain, and since this guy has shown he has peanut-like fartum boy-boys to this point, I just don't see him being one of the fewer than 10% who take their chances on a jury.

All of the preceeding paragraph is based strictly on my gut reaction to what I have read. I do civil litgation, not criminal law, so the technicalities are different, but a lot of the psychology is the same. Thre are a lot of people - and I mean a lot - who are ready to take their civil case all the way to the Supreme Court when it starts. But as the day of trial draws nearer and nearer, the cold hard reality of "I might lose" starts to become more and more real, and they start to see the wisdom of compromise. (90%+ of civil cases settle before, or even during, trial, too.) The consequences may be different in a criminal case compared to a civil case, but the psychology is very similar. My gut says this guy is not emotionally and mentally tough enough to go the distance. He if he was, he'd've done the right thing in the first place, meaning stopping, callign 911, and trying to save the cyclist's life.

Update:

http://www.martinezgazette.com/news/story/i983/2010/05/20/hit-and-run-driver-face-sentencing

Expected to be sentenced today for 6 months in county jail.

Simply disgusting.

Simply disgusting.

I agree. That DA should be tared and feathered and thrown out.

I agree. That DA should be tared and feathered and thrown out.

Well, come June 8, you'll have a chance to vote in a new DA in Contra Costa County.

I agree. That DA should be tared and feathered and thrown out.

Maybe someone who actually knows how the system works can straighten me out........ But doesn't the DA recommend the charges and give the green light for prosecution of the case, and then the judge that sets the term when the defendant is found guilty? If I read the article correctly, the charge he was found guilty of carries a maximum term of 4 years.

Who determines whether the sentence is 4 years or 4 months? Is it the DA, or the judge and deal making lawyers?

Maybe someone who actually knows how the system works can straighten me out........ But doesn't the DA recommend the charges and give the green light for prosecution of the case, and then the judge that sets the term when the defendant is found guilty? If I read the article correctly, the charge he was found guilty of carries a maximum term of 4 years.

Who determines whether the sentence is 4 years or 4 months? Is it the DA, or the judge and deal making lawyers?

From the article: "That’s the punishment expected to be proposed today by the Contra Costa County District Attorney’s Office to a man charged with killing Martinez bicyclist Mark Pendleton in a hit-and-run accident in Nov. 2008." Sounds like a pleadeal.

Well, come June 8, you'll have a chance to vote in a new DA in Contra Costa County.

I don't live there, so can't vote for their DA.

From the article: "That’s the punishment expected to be proposed today by the Contra Costa County District Attorney’s Office to a man charged with killing Martinez bicyclist Mark Pendleton in a hit-and-run accident in Nov. 2008." Sounds like a pleadeal.

Ahh.... mised that bit.

Nevermind.

I don't live there, so can't vote for their DA.

I just realize that everyone who's not a cyclist, hates cyclists. I treat every driver as if they would run me over in a heartbeat if we didn't have laws. Nothing that drivers do surprises me, and this lack of a real sentence does not surprise me. It's almost as if we become second class citizens once we hop on our bikes. I honestly feel glad I didn't get run over every time I come back from a ride now.

Brown is weak and his lawyer, while doing his job to represent his client, is weak. What an outrage.

I just realize that everyone who's not a cyclist, hates cyclists. I treat every driver as if they would run me over in a heartbeat if we didn't have laws. Nothing that drivers do surprises me, and this lack of a real sentence does not surprise me. It's almost as if we become second class citizens once we hop on our bikes. I honestly feel glad I didn't get run over every time I come back from a ride now.

Throw in motorcycles there also. If you are not in a couple ton of cage drinking starbucks mocha, while texting you are second class citizen.

Update:

Assistant district attorney Paul Sequeira said Monday that after speaking with the victim's family, his office decided to cease discussions about a plea deal for Harold Brown, 54.

I assume that means vehicular manslaughter is still the charge.

Update:

Assistant district attorney Paul Sequeira said Monday that after speaking with the victim's family, his office decided to cease discussions about a plea deal for Harold Brown, 54.

I assume that means vehicular manslaughter is still the charge.

While nothing can make this anything other than a tragedy, it would at least be nice to see justice.