(As far as I can tell, this driver is still allowed to operate a motor vehicle)
On June 25th popular local musician to the Johnstown, NY area Ed Lakata was struck and killed from behind by a pickup truck while riding his bike on a NY State Rt. 29a (43.066787,-74.387269). The details as to the location and time are clear and the local sheriff's "investigation" is appalling. Since then, the driver has mixed it up with a mailbox and shown to be DWAI as well as admitting to having passed out and crashing his truck in 2010 while under the influence of his medication.
The driver is also a locally recognized "sportsman" who together pretty clearly, in the absence of any witnesses, came to an understanding. Of course that's my conjecture but I grew up in this area...
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"'It was an accident in the truest sense of the word,' [Fulton County Sheriff Thomas Lorey] said."
"Lorey said the solid white line between the shoulder and driving lane is used to determine fault in such circumstances. He said if Damphier had crossed that line before the crash, he would be facing charges. Similarly, if Lakata crossed into the driving lane, he would be to blame.
'We investigated the crash,' he said. 'The accident happened very near the white line, but we couldn’t gather proof that anyone crossed over.'
In the absence of such proof, it was ruled an accident, especially since Damphier was not exceeding the 55 mph speed limit."
Driver will not be charged in death of Johnstown musician
http://www.dailygazette.com/news/201...stown-musicia/
(May require subscription)
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"Damphier said Lakata had headphones on and was 'oblivious' to his surroundings as he was riding up Route 29A."
"'He turned around and looked down at his wheel [prior to impact],' Damphier said. 'The handlebars of his bike were imbedded into the hood of my truck.'"
"He said Lakata did 'a complete [U-turn] in front of me.'"
"'I would like to know what was in his system,' he said."
Driver says he’s innocent of allegations
http://www.leaderherald.com/page/con...legations.html
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Further linkage:
Well-known band member killed in accident
http://www.leaderherald.com/page/con...-accident.html
Driver in June's fatal bike, car crash faces civil suit
http://www.leaderherald.com/page/con...ivil-suit.html
NY Driver in Fatal Bike/Car Wreck Faces Civil Lawsuit
http://norfolk.legalexaminer.com/aut...civil-lawsuit/
The following may be behind a paywall:
Popular area musician Edward Lakata killed
http://www.dailygazette.com/news/201...lakata-killed/
Driver in fatal crash with bicyclist charged in unrelated incident
http://www.dailygazette.com/news/201...unrelated-inc/
Editorial: Questions remain after death of bicyclist in Johnstown
http://www.dailygazette.com/news/201...20/0820_edit1/