Advocacy & Safety - Motorist who killed David Sherman gets 14 months

Killed cyclist David Sherman, found guilty and sentenced to 14 months about a year later.

IIRC, motorist crossed center line, drove head-on into cyclist, who was killed instantly. Collision occurred ~5pm, still daylight on a rural road with 45 mph speed limit north of Greensboro NC.

This was a hit and run. A C-store operator saw the still-damaged vehicle days later and alerted cops, who were looking for a Dodge Durango which witnesses saw leaving accident scene after it made a U-turn.

Motorist claimed she thought she had "hit a deer", and later in trial claimed "no memory of the accident".

Motorist had revoked license and history of driving infractions.

Typical BS claim by killer motorist IMO.

At least this one didn't walk away completely unpunished like so many others.

http://www.news-record.com/content/2010/08/24/article/eden_woman_sentenced_in_cyclists_death

http://www.news-record.com/content/2010/10/23/article/women_talks_about_guilt_after_hitting_killing_summerfield_bicyclist

http://www.facebook.com/group.php?gid=170685474538&v=wall

Well,there is a small silver thread in this large cloud. In the local paper that was linked above, there is a link to the question Soft time for a Hard Crime http://www.news-record.com/blog/2010/08/24/entry/soft_time_for_a_hard_crime The comments are almost all expressing outrage that such a light sentence could be handed out for such a heinous crime. Usually such comment threads don't show much sympathy for cyclists who are injured or killed by motorist negligence.

True that, B. For the most part, people in rural NC are pretty friendly from what I gathered in ten years of living there. The comments in the article didn't surprise me so much with that in mind.

I think some of it is the hit-and-run aspect. I've noticed that the comments on newspaper websites and such are much more sympathetic in the H&R cases than in your typical "inattentative driver kills cyclist" story. It seems that that extra dose of irresponsibility and criminality seems to push the scenario into a different category for a lot of them. Perhaps it's that they can identify with the drivers in the "normal" cases, but not in these ones?

What should the sentence have been?

What should the sentence have been?

I'm not a judge cognizant with the sentencing guidelines in NC, but I would start with the sentences handed out for manslaughter in similar conditions: maybe at construction sites, or do to negligence in similar circumstances. Off the cuff, for a life that was taken with abandonment, on top of a shaky record?

Ten years at least.

roughstuff

At least 60 months imprisonment and 120 months probation. Cyclist's lives WILL be worth less as long as the Cycling Community lets this happen without massive demonstrations of public disgust with the Judges and Prosecutors.

If NC cyclists want to know HOW TO DO IT, here a way.




The local cycling community needs to take a page from the MADD playbook and hound the police, prosecutor, and courts with all the publicity they can generate.
The media WILL cover any demonstration with 30 or more participants. Use the internet, picket the police department and the prosecutor's office space. Pack the courtroom.

Talk to the press, the radio people, and the TV folks. Use political ACTION and EMOTION (show the family, distribute photos, humanize the deceased cyclist). It works.

If MADD could do it, cyclists can.

This should be done in every location, every time a cyclist is killed. Stop whinning on the internet and put a stop to leniency for these KILLERS. Call them what they are -- KILLER, not murderers but ordinary, garden variety careless, negligent, reckless KILLERS. And demand appropriate punishment for their HOMICIDE. This was not an "accident."