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Old 09-16-12, 08:06 PM   #1
VeloBabble
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In a road rage driver intentionally hit a bicyclist.

This story really makes me angry. I can not believe that this person did this. I am afraid they will not throw the book at this guy. I think he should be charged with attempted murder.

http://www.wlky.com/news/local-news/...1/-/index.html



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Last edited by VeloBabble; 09-17-12 at 12:11 PM.
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Old 09-16-12, 08:35 PM   #2
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He's not being charged with enough. This is one of those cases where you really need to slam people and make an example of them in the courtroom.
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Old 09-16-12, 08:42 PM   #3
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He's not being charged with enough. This is one of those cases where you really need to slam people and make an example of them in the courtroom.
Absolutely this.
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Heltsley was arraigned Thursday on charges of wanton endangerment and criminal mischief.
The problem, though, is that the DA will need to prove a lot for some charges, though I'm baffled as to why assault (with a deadly weapon?) was not on the list of charges.

Being a veteran should have no influence on the judge's decision to grant bail. In Basic, I met someone who was bragging that his brother stole his car for him, and replaced the dash board with one from a totaled vehicle in a junk yard for a 'valid' VIN. I've known of several people with very low morals, quick tempers, tendency to lash out physically, and there were even stabbings at a couple places where I was stationed.

People are people, and there will be all types in any large group. Military doesn't matter.
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Old 09-16-12, 08:53 PM   #4
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What's scary are some of the comments on the article. Sad that ignorant people are allowed on the internet, and behind the wheel, and...well, you get my point.
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Old 09-16-12, 09:02 PM   #5
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I'm predicting an anger management class and 20 hours of community service.
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Old 09-16-12, 09:19 PM   #6
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What's scary are some of the comments on the article. Sad that ignorant people are allowed on the internet, and behind the wheel, and...well, you get my point.
It's the way it generally goes. We had similar comments when a cyclist was killed in Cincinnati (close to a bike path), then again when a cyclist was hit coming back from the ghost ride. Both were riding legally of course, and the second cyclist apparently had two rear lights and was in a group with an off duty bike cop. But the comments in those articles were about the same. Get off the road, should be taxed/licensed etc etc.
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Old 09-16-12, 09:38 PM   #7
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Sad, just sad - I wouldn't be surprised if he has anger issues in the rest of his life...
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Old 09-17-12, 06:05 AM   #8
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What makes me mad is he did it intentionally. He wasn't texting or being inattentive he aimed his car at the guy. They will not charge him with enough. He probably won't be punished at all.
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Old 09-17-12, 11:07 AM   #9
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Absolutely no excuse for this. He should be charged with assault with a deadly weapon at the least. I spend a lot of time in my car and understand how he could become frustrated if stuck behind a bicycle in traffic, but that's no excuse. You just have to bide your time, eventually you'll get the opportunity to get around the cyclist safely. Has he tried to run slow moving grannies off the road in the past also? Maybe he thought the cyclist was flipping him off when the guy "raised his hand to call attention to himself", but again that's no excuse.
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Old 09-17-12, 11:19 AM   #10
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He's not being charged with enough. This is one of those cases where you really need to slam people and make an example of them in the courtroom.
Absolutely this.
Quote:
Heltsley was arraigned Thursday on charges of wanton endangerment and criminal mischief.
The problem, though, is that the DA will need to prove a lot for some charges, though I'm baffled as to why assault (with a deadly weapon?) was not on the list of charges.

Being a veteran should have no influence on the judge's decision to grant bail. In Basic, I met someone who was bragging that his brother stole his car for him, and replaced the dash board with one from a totaled vehicle in a junk yard for a 'valid' VIN. I've known of several people with very low morals, quick tempers, tendency to lash out physically, and there were even stabbings at a couple places where I was stationed.

People are people, and there will be all types in any large group. Military doesn't matter.
I agree wether or not the accused is a Veteran shouldn't enter the picture. This "man" did this on purpose, he should be held without bail.

That (I think) Terry Williams needs a wake up call, or else he's going to find himself in exactly the same situation.
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Old 09-17-12, 12:23 PM   #11
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Where this happened is blocks away from the University of Louisville. It is about a half a block away from a bike shop. It is a 25 MPH street intersecting with a 35MPH street. It is a very residential neighborhood. It is absolutely ridiculous behavior. I am sure had he waited another minute or two for the bicyclist to get through the intersection he could have gone around him easy. It was so unnecessary. I just don't understand. I ride through here all the time.
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Old 09-17-12, 12:25 PM   #12
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I tend to disagree with both what happened and most posters here.

The exception being the posters saying his being a vet should not make a difference. That I agree with.

Reading through the article it looks like he actually hit the guy, but that the cyclist was able to drop his bike and get off.

That sounds like a low speed collision. Attempted murder seems totally off the wall. Assault or assault with a deadly weapon might still be on the table. But before criticising the DA I'd want to know the penalties for the crimes they are going after him for.

Not allowing bail as some here are wanting is totally absurd, but releasing on just his promise to appear seems almost as unreasonable. At least a token bail seems in order.
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Old 09-17-12, 01:33 PM   #13
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I tend to disagree with both what happened and most posters here.

The exception being the posters saying his being a vet should not make a difference. That I agree with.

Reading through the article it looks like he actually hit the guy, but that the cyclist was able to drop his bike and get off.

That sounds like a low speed collision. Attempted murder seems totally off the wall. Assault or assault with a deadly weapon might still be on the table. But before criticising the DA I'd want to know the penalties for the crimes they are going after him for.

Not allowing bail as some here are wanting is totally absurd, but releasing on just his promise to appear seems almost as unreasonable. At least a token bail seems in order.

The prosecutor wanted bail, they always do. I don't really care that they RORed him. I would like to make sure he gets an apt punishment. This is KY. As much as I love this state, and as much as I fight to defend it against the barefoot and uneducated stereo type, this guy is from rural KY and is living up to the ignorant personification.

I am not sure what the speed of the car has to do with it. I guess it could be a measure of his intent. I am not really sure on that though.

I don't know the difference between wanton endangerment, assault, assault with a deadly weapon and attempted murder. I am sure there are measures for each.

I am afraid that nothing meaningful will be done. I can seem them trying to charge him with to little and then making some deal where it is plea bargained down to nothing. He walks away with a meaningless fine and restitution. I would love to see him have to ride a bike up and down one of the really really busy streets in this town wearing a sign that said. I intentionally hit a person on a bicycle with my car.
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Old 09-17-12, 02:42 PM   #14
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It's the way it generally goes. We had similar comments when a cyclist was killed in Cincinnati (close to a bike path) ...

That guy that got killed downtown a couple of weeks ago was horrible. And, last I heard from the news, the driver that rear-ended him wasn't being charged for anything. If he had rear-ended another car, he would have at least gotten a ticket for "failure to control" or whatever they call it. He hits a bike/ kills a guy, and nothing. It fills me with rage at the ignorance and short-sightedness of the police/ DA/ whoever.
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Old 09-17-12, 07:39 PM   #15
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The prosecutor wanted bail, they always do. I don't really care that they RORed him. I would like to make sure he gets an apt punishment. This is KY. As much as I love this state, and as much as I fight to defend it against the barefoot and uneducated stereo type, this guy is from rural KY and is living up to the ignorant personification.

I am not sure what the speed of the car has to do with it. I guess it could be a measure of his intent. I am not really sure on that though.

I don't know the difference between wanton endangerment, assault, assault with a deadly weapon and attempted murder. I am sure there are measures for each.


I am afraid that nothing meaningful will be done. I can seem them trying to charge him with to little and then making some deal where it is plea bargained down to nothing. He walks away with a meaningless fine and restitution. I would love to see him have to ride a bike up and down one of the really really busy streets in this town wearing a sign that said. I intentionally hit a person on a bicycle with my car.
A slow deliberate collision is easily argued as measure of intent: "If my client had intended bodily harm (assuming not an attempted murder charge), he wouldn't have slowed down. He was trying to get close to the cyclist to demonstrate a danger for why nobody should ride on the road, but my client never meant to harm anyone! If he had intended harm, why did he slow?"

As for the rest, I find it funny that my search for an explanation uses Kentucky as its example:
http://definitions.uslegal.com/w/wanton-endangerment/
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Endangerment refers to an act or an instance of putting someone or something in danger or exposure to peril or harm.In Kentucky, a person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, someone wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another. This is a class D felony.
Likewise, a person is guilty of wanton endangerment in the second degree when he wantonly engages in conduct which creates a substantial danger of physical injury to another person. This is a Class A misdemeanor
I don't know Kentucky law, so I'm not sure if assault could fall on that list. But it seems if he's being charged with first degree wanton endangerment, it's a pretty hefty charge.

But to be thorough, a list of assault definitions:
http://www.nolo.com/legal-encycloped...ult-33775.html
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