Advocacy & Safety - 60 days in jail for killing cyclist

http://www.kctv5.com/news/23049199/detail.html

I just don't get it.:mad:

http://www.kctv5.com/news/23049199/detail.html

I just don't get it.:mad:


Vehicular homicide (Which is what I call it, even if it is manslaughter in the legal sense) is absolutely the best way to intentionally kill someone and pay no penalty whatsoever. It is a national scandal, even after decades of effort by MADD and SADD and perhaps soon CADD (cyclists against drunk drivers.)

But to me, nothing will happen until a driver collides into a group of law students and faculty at their outdoor graduation, killing em by the dozen.

I didn't see them! The sun was in my eyes!

Yup!


roughstuff

that is insane. Hit and run, intoxicated, and gets 60 days in jail. Wow.

that is insane. Hit and run, intoxicated, and gets 60 days in jail. Wow.

I think the judge needs some jail time for this decision!

I just knew her from where she worked which was Wheatfields Bakery. Being friends with some of her good friends I would say it is not safe for this guy to come back to Lawrence.

It is ironic to note that Lawrence is considered a bronze level Bicycle friendly community. I have been hit twice myself.
http://www.bikeleague.org/programs/bicyclefriendlyamerica/communities/bfc_lawrence.php

You guys are making it sound like he got off easy. The guy also has to do community service. As cyclists, wouldn't any of you be happy to die in order to have the sidewalks sweeped up?

</bitter_sarcasm>

I heard a song at a coffee shop the other day, which sounded like it must have been by KRS-One. The chorus kept repeating "Want to get away with murder? Kill a rapper." I think that song needs an addendum for cyclists.

I just knew her from where she worked which was Wheatfields Bakery. Being friends with some of her good friends I would say it is not safe for this guy to come back to Lawrence.




This idiot judge would probably throw you in jail longer for your 'veiled threat' than anything that drunk driver did.

Sounds like the judge is on a fast track to the Supreme Court.

roughstuff

Everyone please go back and read the article again, a little more closely this time. Sentencing has not taken place yet. It is scheduled for May 20. The prosecutor is planning to ask for 60 days jail plus 200 hours of community service.

that means he'll get less and maybe even walk

Not a veiled threat by me. However, I personally know of people who would like a piece of this guy. I am not one of them. We have laws for a reason, though I may not agree with the decision a judge makes. The outrage at the time of the girls death was unreal. If the perp get off "easy", whatever that means, it will reopen a lot of anger by those who were close to her.

Not a veiled threat by me. However, I personally know of people who would like a piece of this guy. I am not one of them. We have laws for a reason, though I may not agree with the decision a judge makes. The outrage at the time of the girls death was unreal. If the perp get off "easy", whatever that means, it will reopen a lot of anger by those who were close to her.

Yeah, but it may not be for the reason you think.

http://www.kctv5.com/news/23049199/detail.html

I just don't get it.:mad:

Whiskey Tango Foxtrot?!? You aren't the only one. Here we have a person admitting that not only did they take the life of another human, but that they were intoxicated at the time. And all the D.A.'s office is asking for is 60-day in the clink plus two-hundred hours of community service?!? That D.A. needs to be fired as he clearly isn't doing his job.

The devil on my shoulder says "Write a letter to the worst convict at the jail this cyclist killer gets put in and label this guy as a child molester".

Everyone please go back and read the article again, a little more closely this time. Sentencing has not taken place yet. It is scheduled for May 20. The prosecutor is planning to ask for 60 days jail plus 200 hours of community service.

OK then, the prosecutor needs to go to jail too... for failing to do his/her job. And if the judge lets this pass, then they too should also go to jail.

Everyone please go back and read the article again, a little more closely this time. Sentencing has not taken place yet. It is scheduled for May 20. The prosecutor is planning to ask for 60 days jail plus 200 hours of community service.
And here (http://www.douglas-county.com/depts/da/da_home.aspx) is the Douglas County District Attorney's office contact information. Hop to it.

Another news story indicates 'vehicular homicide' is a misdemeanor. WTF???

http://www.kmbc.com/news/21673955/detail.html

Here in Lincoln Ne a judges wife hit a cyclist that was stopped to make a left hand turn. Since it was foggy, the city att refused to do anything. So what I read here seems to be the norm. It really does seem that there is open season on cyclist. This has to stop.

There is one way to get some justice tho. Sue in civil court. Im sure the judges wife was sued in civil court. And if you check you will see that there are lawyers that specialize in cyclist cases.

Sixty days!!!!!!!!!!!!!----------hell I think some places you can get that much jail time for spitting on the sidewalk.

I paused to read what I have written and was thinking of this whole deal. A young person dead----------and no justice.----just think of the family, the hurt will never go away.

That is just outrageous.

That is just outrageous.

Welcome to Kansas; the land where evolution does not happen, Fred Phelps was born, and everything is chicken fried.

A dozen years ago in Davis, CA there were two fatal wrecks on the same road within a year of each other. In one, a truck came to an intersection where a cyclist was waiting for the light to turn green. When it turned green, she was summarily squashed by three of his five axles (right hook). He drove away and was found cleaning her guts off of his rig by the cops. He then claimed to have been nowhere near the site. He received no jail time.
Ten months later, a truck attempted to pass a vehicle that was waiting to turn left. The trucker panicked, hit the brakes at a bad moment, had a partial jack-knife and his pull-trailer killed the two elderly occupants of the car. He immediately pulled over, called the cops and attempted to render aid. He was convicted of vehicular manslaughter and did five years in state prison.

Bike is the new black. Our deaths don't count. I wish this wasn't so. Perhaps the coming oil shortage will change this.

http://www.kctv5.com/news/23049199/detail.html

I just don't get it.:mad:

Just another example of how, the law basically legalizes killing cyclists!!

We're all cyclists here. How would you feel if you were commuting or out on your weekend ride, and someone that was intoxicated killed one of your loved ones? If you were to hear that they were requesting they had just 60 days in jail, wouldn't that make you just a little upset? How is this any different than if they were driving in a car or walking across an intersectiion?

I emailed the County district attorney's media contact at (cwright@douglas-county.com) to express my dissatisfaction. I wonder if I will get a response.

It wouldn't surprise during sentence that he is released for time served. Incredible.

i bet the penalty he does get will be similar to what he would have gotten if he simply got pulled over drunk that day without hitting anybody.

truth of the matter is simple - car drivers view cyclists as something like potholes - as far as they're concerned cyclists are something to be eliminated. a good cyclist is a dead cyclist. the more they kill the more pavement they have to themselves. its an us vs them mentality.

I honestly disagree with that.

I think most cagers don't want us on the road, yeah (anything that makes their commute 2 minutes longer is a Bad Thing, after all)... but to actually want us dead? No, I think that's a gross exaggeration. Most drivers don't want to hit a cyclist. Not everyone is out to get me when I'm out there on the road. Most people are just trying to get to work (or whatever) and some people get impatient. Or, they make poor judgment and decide to drive drunk. But I honestly believe very, very few people on the road ever have intent to hit cyclists or anything else for that matter.

That said, that has nothing to do with the case in the OP, which is abhorrent.

Ok, on the surface this sounds like a bad sentence. And it could be the result of a lazy or overworked DA"s office.

Or.... THe plea could be the result that the DA had almost nothing to go to court on to get a conviction. It is very well possible that they had no legal proof the driver was drunk at the time. So the DA feels he got the best deal possible.

Shouldn't it carry the same sentence regardless of whether he was drunk or not? If there is proof that the cyclist wasn't at fault (i.e. visible, and following the law), then this guy killed someone by negligence, or on purpose. If there is so little doubt that they can get a conviction, then the sentence should reflect the fact that someone was killed. Shouldn't matter whether he'd had a few drinks.

so drunk driving, leaving the scene of an accident resulting in death = 60 days? they dont need to prove he was drunk he admitted itbecause of a plea bargain. the da gave him a sweatheart deal so he wouldnt have to work hard to get a conviction. It will still go in his book as a conviction. and when he runs for office next time he will be able to point at this case and say with all honesty that he got a conviction in this case. God help us all.

Faces 5 years for recording a cop: http://www.abc2news.com/news/local/story/Motorcyclist-Charged-for-Recording/pfFRVeEePU6qFr5fAq-tlA.cspx

Something is wrong with our priorities.

Faces 5 years for recording a cop: http://www.abc2news.com/news/local/story/Motorcyclist-Charged-for-Recording/pfFRVeEePU6qFr5fAq-tlA.cspx

Something is wrong with our priorities.

Ah, but it's okay for them to record us with their dashboard cameras, but if we try to turn things around it isn't okay?

Faces 5 years for recording a cop: http://www.abc2news.com/news/local/story/Motorcyclist-Charged-for-Recording/pfFRVeEePU6qFr5fAq-tlA.cspx

Something is wrong with our priorities.

The guy has a huge camera on the top of his helmet. By not asking him to turn it off, the cop implicitly consented. The red light would have been on too.

Faces 5 years for recording a cop: http://www.abc2news.com/news/local/story/Motorcyclist-Charged-for-Recording/pfFRVeEePU6qFr5fAq-tlA.cspx

Something is wrong with our priorities.

Okay, so what exactly what was the motorcyclist charged with?

Okay, so what exactly what was the motorcyclist charged with?

Illegally recording a police officer

Here is an update.......http://www.kctv5.com/news/23631911/detail.html

We're all cyclists here. How would you feel if you were commuting or out on your weekend ride, and someone that was intoxicated killed one of your loved ones? If you were to hear that they were requesting they had just 60 days in jail, wouldn't that make you just a little upset? How is this any different than if they were driving in a car or walking across an intersectiion?

Oh, it's freakin' outrageous, no doubt... but how can it be changed as long as the car is king in America... and judges put driving on top of a higher hill than responsibility. There are tons of people that should not be behind a wheel, and they still get to retain their licenses.

Yeah, its a problem that needs a solution... but I don't see anything happening anywhere soon... We as cyclists need to have an advocacy group that is as strong as MADD.

Here is an update.......http://www.kctv5.com/news/23631911/detail.html

from that article i saw this: http://www.kctv5.com/news/23634786/detail.html

25yrs for a guy who punched a 59y/o woman in the face.

assault = 25yrs
drunken vehicular homicide + felony hit & run = 6mos

wtf is wrong with this country?

Illegally recording a police officer

Okay, and what about all of the ATM, CCTV and security cameras that that cop passes on a daily basis? Shouldn't their owners also be charged with "illegally" recording a police officer?

Okay, and what about all of the ATM, CCTV and security cameras that that cop passes on a daily basis? Shouldn't their owners also be charged with "illegally" recording a police officer?

I would have to go back and check but I believe the details include making the audio portion publicly available without permission. Posting just the visual with no audio is allowed. Crazy world we live in.

Welcome to Kansas; the land where evolution does not happen, Fred Phelps was born, and everything is chicken fried.

Phelps was born in Mississippi.

http://www.kctv5.com/news/23049199/detail.html

I just don't get it.:mad:

It just goes to show, cyclists will always be treated as second-class citizens.:mad:

I've been doing some thinking about this and I may have a rough idea as to why this happens. The law allows us to obtain a driver's license rather easily. The law also allow us to drink. As long as it is lawful to do both, the government has a little bit of shared responsibilty in all of this. If say by law we couldn't drink and it took us 60 hours of instruction and four tests to get our driver's licences, the government would have a lesser burden of responsibility. Maybe then the penalties would compound. Add breaking the law by drinking, and committing a moving violation despite knowing better.

A friend's son died in Afghanistan and the Phelps group came to the city of Cameron MO for the funeral protest. They said about one sentence on camera and the motorcycles exhaust sounds drowned them out. Phelp's Whelps packed up and ran away. Discretion IS the better part of valor. It was healthier to run than face a lot of emotional and angry red necks. I don't suppose anyone would have hurt them but it was smart to not hit the hornet's nest. Phelps just needed a little chlorine in his gene pool. The young man who died was a good man. He went to high school here and was a vital part of the community. God Bless him and his family. Wing Nut

I would have to go back and check but I believe the details include making the audio portion publicly available without permission. Posting just the visual with no audio is allowed. Crazy world we live in.

Yes it is. I was always under the impression that as long as one of the persons in the recording was making the recording that everything was legal.

Well-------as I posted earlier--------the family needs to file a wrongful death law suit in civil court.

Here is an update.......http://www.kctv5.com/news/23631911/detail.html
Did he at least lose his license?

It does not appear that he lost his privilege to drive.

http://www2.ljworld.com/news/2010/may/20/drunken-driver-who-killed-lawrence-woman-bicycle-s/

Only if you live in a "one party" state. Some states require the notification or consent of all parties to record. Florida for example, requires all parties to a recording to consent. It has been sucessfully argued in court that the open display of a camera provides for implied consent of the other party. There is an excemption in florida for recording non electronic communications.

I've used this website (http://www.rcfp.org/taping/) in searching out the different state laws.

from that article i saw this: http://www.kctv5.com/news/23634786/detail.html

25yrs for a guy who punched a 59y/o woman in the face.

assault = 25yrs
drunken vehicular homicide + felony hit & run = 6mos

wtf is wrong with this country?

Look in the mirror -- the country is us. We let stuff like this happen every day.

This would never happen in a benevolent dictatorship with a cycling glorious leader.

OVERLAND PARK, Kan. -- Two students were taken into custody last week for having sex at school, investigators said.Authorities said two teachers at Shawnee Mission North spotted the two 16-year-olds having sex in the lobby of the field house on May 20. School administrators called police and the boy and girl were taken to juvenile hall, where they were later released to their parents.The teens are accused of lewd and lascivious behavior.

http://www.kctv5.com/news/23659972/detail.html
These two face a harsher sentence; a $500 fine, up to 90 days in jail, two years probation and community service.

We can complain among ourselves all we want but it won't change anything, the legal system is obviously broke as far as cyclists are concerned. The question is how do we fix it?