Tandem Cycling - Driver who killed tandem couple in Texas last year has been indicted

Gilbert John Sullaway Jr., 41, who struck and killed two bicyclists in a wreck along Texas 16 a year ago today, was indicted Thursday on two counts of criminally negligent homicide. He could face up to 10 years in prison if prosecutors prove he used his Ford F-150 as a deadly weapon while failing to control it, “maintain a proper lookout” and “timely apply brakes.” See full news at http://www.mysanantonio.com/news/local_news/local_driveris_indicted_incycle_deaths_104130179.html

Greg and Alex Brueler were riding a tandem bicycle about three miles north of Helotes the morning of Oct. 1, 2009, when authorities say Sullaway veered off the highway and hit them. They are survived by a now eight year old daughter, Kylie. Earlier this year, Sullaway and his insurance companies reached a $650,000 wrongful death settlement with the fathers of Gregory and Alexandra Bruehler.

A memorial ride is scheduled to mark the one year anniversary of their death on Sunday, Oct 3 at 8:00 am from Bullis County Park. See http://bikesafesanantonio.com/ . Their deaths created further calls for debate over laws intended to protect cyclists. The ride message continues to be: "Stay alive, don't text and drive."

The image posted in these forums of that poor little girl, Kylie, taken at the funeral I believe, sticks in my mind today. How sad.

Been hit several times on single and tandem in the past 35 years.
All drivers had the same excuse: ". . . I didn't see you . . ." and all were cited. One drunk lost his license for 90 days, and one driver on a restricted license had his license revoked. Betcha he's still driving!
$$$ do not replace lives. Hope he gets max jail time.

Hope he gets max jail time.

Yeah, well... just remember that he'll likely go with a Jury trial and it will be a jury of his peers -- non-cycling motorists -- not peers of the Brueler's who will sit in judgement. This is where the legal system seems to fail cyclists time and again when prosecutors attempt to prosecute cyclist fatalities due to gross negligence by motorists.

The image posted in these forums of that poor little girl, Kylie, taken at the funeral I believe, sticks in my mind today. How sad.

That was one of the most poignant pictures I've ever seen.

I hate it when I'm right...

http://tandemgeek.wordpress.com/2012/09/08/driver-found-not-guilty-in-deaths-of-gregory-alexandra-bruehler/


Not guilty verdict in tandem bike deaths


The Associated Press
Published: Friday, Sep. 7, 2012 – 7:15 pm

SAN ANTONIO – A jury has found a man accused of criminally negligent homicide in the deaths of a married couple on a tandem bicycle not guilty

The jury returned Friday with the not-guilty verdict. Forty-three-year-old Gilbert John Sullaway could have faced up to 10 years in prison if found guilty.

Gregory and Alexandra Bruehler were riding the bicycle down a paved shoulder of Texas 16 in October 2009 when they were struck by the defendant’s pickup after he veered off the road in northwest Bexar (BAYR) County.

Sullaway said after the verdict that his thoughts and prayers had been and would continue to be with the Bruehler family.

Gregory Bruehler’s father, Gary Bruehler, says he respects the jury’s decision but was disappointed for his son and daughter-in-law and the bicycling community.

I hate it when you are right, too, Mark. I still hoped for a different outcome in this case, which I have actively followed. As we all know, very few cycling deaths are every prosecuted and fewer still result in a guilty verdict. I will deal with my sadness for the Bruehler family in the best way I know how, by riding today thinking of them.

Often these cases go unprosecuted. At least the Bexar county DA allocated the time and resources to pursuing it. As more and more people are connected to cycling either as riders or relatives of riders I have hope that in urban counties at least some cases will be won.

I hate it when I'm right...



Since you seem to always be right, would you mind making better predictions. Start small, like world peace and work your way up to civility on our roadways.

In this area we have a similar situation with Amish buggy fatalities. While some people do crash into an offending carriage or rider there are some cases where the car was the victim of a randomized horse. The hinderance to the legal system here is that the Amish community never presses charges in their mantra of forgiveness. While forgiveness is fine and well, it sets the precedent to drivers that "it won't count", just as in this case the peers did not find guilty. It makes it even sadder that both parents were taken from the daughter. One can only hope that the offender will attempt to make some ongoing restitution to her.

This says to me that there is no violation of the vehicle code other than DUI that warrants a criminal conviction. There do not appear to have been mitigating circumstances; he was driving "carelessly" and killed two people on a shoulder. Less than small justice, but he should forfeit his driver's license in perpetuity.

Ah, yes, TX justice wins again!

Simply mind boggling that those TX peers would find him not guilty instead of letting the judge apply a sentence. From what I've read, it was not an accident as a result of factors outside the expected control and responsibility of the driver.

The following seems like a decent description of the "criminally negligent homicide" charge (from Wikipedia):

"Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.

It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.

Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako). "

Somehow he apparently had no "duty" to maintain control of his vehicle and to not kill other humans? Is the State Bird of Texas the middle finger (or was that already taken by NY)?

While I agree with the sentiment of the above anti Texas posts I must point out that Texas is not the only place where it appears it is OK to run down cyclists. Google "cyclist killed" and then try to find out how many are motorists are charged much less convicted. Usually the excuse "I never saw him" is sufficient.

I am not saying Texas is perfect just that with the possible exception of places like Portland this problem is very wide spread. The state attempted to prosecute while it is we the people that failed. Sadly to only option remaining is a civil lawsuit.

We have (almost weekly) news reports of bicycles being involved in motor vehicle accidents. The vast majority of accidents are not what bike forum members would call cyclists (folks riding commuter - or hybrid bikes with no lights, no helmet and well after sunset). Still, downtown Jax isn't considered a very safe place to ride in spite of the sundry bike lanes. For the handful of real cyclists that have come through our ER, usually it's been a case of a blown tire or mechanical issue vice miixing it up with a car or truck. Note to those teams attending STR: most of the routes that I'm already are aware of are considered safe by the local cycling community (country roads between Jacksonville and St. Augustine).

Ah, yes, TX justice wins again!


Is the State Bird of Texas the middle finger (or was that already taken by NY)?

Time to move this over to P&R

Simply mind boggling that those TX peers would find him not guilty instead of letting the judge apply a sentence. From what I've read, it was not an accident as a result of factors outside the expected control and responsibility of the driver.

The following seems like a decent description of the "criminally negligent homicide" charge (from Wikipedia):

"Criminally negligent manslaughter is variously referred to as criminally negligent homicide in the United States, gross negligence manslaughter in England and Wales. In Scotland and some Commonwealth of Nations jurisdictions the offence of culpable homicide might apply.

It occurs where death results from serious negligence, or, in some jurisdictions, serious recklessness. A high degree of negligence is required to warrant criminal liability. A related concept is that of willful blindness, which is where a defendant intentionally puts himself in a position where he will be unaware of facts which would render him liable.

Criminally negligent manslaughter occurs where there is an omission to act when there is a duty to do so, or a failure to perform a duty owed, which leads to a death. The existence of the duty is essential because the law does not impose criminal liability for a failure to act unless a specific duty is owed to the victim. It is most common in the case of professionals who are grossly negligent in the course of their employment. An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako). "

Somehow he apparently had no "duty" to maintain control of his vehicle and to not kill other humans? Is the State Bird of Texas the middle finger (or was that already taken by NY)?

This verdict is really not that unexpected,and not inconsistent with the law. In the vast majority of circumstances, simple, momentary inattention driving a car is not treated as criminal negligence, and is usually dealt with as a civil matter.

It typically takes some aggravated circumstance, such as speeding, texting, drugs, alcohol, known improper maintenance, etc. before motor vehicle collisions result in criminal prosecutions or convictions.

The only facts I know about this accident is that the drive hit the cyclist on the shoulder. Absent some additional facts, that typically doesn't even get prosecuted.

One can only hope that the offender will attempt to make some ongoing restitution to her.


Sullaway and his insurance companies reached a $650,000 wrongful death settlement over two years ago with Kylie's two grandfathers. Sullaway has claimed he was "distraught" and had to seek counseling, but has adamantly denied his responsibility for the Bruehler's deaths.

Sullaway and his insurance companies reached a $650,000 wrongful death settlement over two years ago with Kylie's two grandfathers. Sullaway has claimed he was "distraught" and had to seek counseling, but has adamantly denied his responsibility for the Bruehler's deaths.


If a contingency fee arrangement for legal fees (I have seen higher) of 33% plus out of pocket expenses would leave less than $433,333 for the benefit of the child. All of this is very sad.