Go Back  Bike Forums > Bike Forums > Advocacy & Safety
Reload this Page >

Woman Charged in Death of Chicago Cyclist

Notices
Advocacy & Safety Cyclists should expect and demand safe accommodation on every public road, just as do all other users. Discuss your bicycle advocacy and safety concerns here.

Woman Charged in Death of Chicago Cyclist

Old 12-03-23, 04:50 PM
  #1  
Newbie
Thread Starter
 
Join Date: Aug 2009
Location: Chicago, IL
Posts: 74

Bikes: Spec Roubaix SL4 Comp Disc.Cannondale Synapse, Fuji Tread 1.0, Marin Larkspur

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 5 Post(s)
Liked 8 Times in 7 Posts
Woman Charged in Death of Chicago Cyclist

Since the original thread is closed, here's the update:

https://chicago.suntimes.com/crime/2...ewater-cyclist
Drago1010 is offline  
Likes For Drago1010:
Old 12-03-23, 05:09 PM
  #2  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Good update. The police completed their investigation and someone is now being prosecuted for the death of the cyclist.
tomato coupe is offline  
Old 12-03-23, 05:34 PM
  #3  
I am potato.
 
base2's Avatar
 
Join Date: Jun 2015
Location: Pacific Northwest
Posts: 3,027

Bikes: Only precision built, custom high performance elitist machines of the highest caliber. 🍆

Mentioned: 28 Post(s)
Tagged: 0 Thread(s)
Quoted: 1729 Post(s)
Liked 1,543 Times in 891 Posts
Oh, thank goodness.
__________________
I shouldn't have to "make myself more visible;" Drivers should just stop running people over.

Car dependency is a tax.
base2 is offline  
Old 12-04-23, 11:11 AM
  #4  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
And they still didn't charge her correctly, but at least this is better than nothing.

She's charged with a Class 2 felony, despite the fact that she inarguably committed a Class 1 when she left the scene -- the latter crime having apparently entirely escaped the notice of this crack district attorney.

Instead they are wasting their time on stoplight violations...
TC1 is offline  
Old 12-04-23, 11:19 AM
  #5  
Senior Member
 
Join Date: Mar 2012
Location: Tallahassee, FL
Posts: 4,812
Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 1590 Post(s)
Likes: 0
Liked 1,010 Times in 568 Posts
The correct charge is the charge which will allow the DA to get a conviction. Or a plea agreement.
jon c. is offline  
Likes For jon c.:
Old 12-04-23, 11:25 AM
  #6  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by jon c.
The correct charge is the charge which will allow the DA to get a conviction. Or a plea agreement.
No, there's no reason NOT to charge a perpetrator with all of the crimes. If desired, they can later be dropped or bargained, but there's no valid reason to ignore the most severe crime committed.

And again, any attorney who cannot convict on "Leaving the scene" in this case, needs to find a different profession, and stop stealing from taxpayers.
TC1 is offline  
Old 12-04-23, 11:59 AM
  #7  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Originally Posted by TC1
And they still didn't charge her correctly, but at least this is better than nothing.

She's charged with a Class 2 felony, despite the fact that she inarguably committed a Class 1 when she left the scene -- the latter crime having apparently entirely escaped the notice of this crack district attorney.

Instead they are wasting their time on stoplight violations...
Leaving the scene of an accident that results in a fatality is a class 4 felony in Illinois.
tomato coupe is offline  
Old 12-04-23, 12:08 PM
  #8  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by tomato coupe
Leaving the scene of an accident that results in a fatality is a class 4 felony in Illinois.
As evidenced by all your comments, you may want to consider learning to read;

Originally Posted by https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+IV&ActID=1815&ChapterID=49&SeqStart=120350000&SeqEnd=122 100000
(d) Any person failing to comply with paragraph (b) is guilty of a Class 2 felony if the motor vehicle crash does not result in the death of any person. Any person failing to comply with paragraph (b) when the crash results in the death of any person is guilty of a Class 1 felony.
TC1 is offline  
Old 12-04-23, 12:23 PM
  #9  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Originally Posted by TC1
As evidenced by all your comments, you may want to consider learning to read;
You didn't cite the entire section of code. Paragraph (b) is about failure to report an accident that results in a fatality. Paragraph (a) is about leaving the scene of an accident that results in a fatality, which is a class 4 felony as stated in paragraph (c).
tomato coupe is offline  
Old 12-04-23, 12:46 PM
  #10  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by tomato coupe
You didn't cite the entire section of code. Paragraph (b) is about failure to report an accident that results in a fatality. Paragraph (a) is about leaving the scene of an accident that results in a fatality, which is a class 4 felony as stated in paragraph (c).
Paragraphs a and b are linked -- leaving the scene of any injury crash is a Class 4, and subsequently failing to notify the authorities within 30 minutes elevates to a Class 2, if a person was injured, and Class 1 if a person was killed, which is the case here. Since she failed to meet her legal obligations in both paragraphs, she committed a Class 1 felony.

Originally Posted by https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+IV&ActID=1815&ChapterID=49&SeqStart=120350000&SeqEnd=122 100000
Code:
Sec. 11-401.
Code:
Motor vehicle crashes involving death or personal injuries.
Code:
(a) The driver of any vehicle involved in a motor vehicle crashes resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such crash, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the crash until the requirements of Section 11-403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.
Code:
(b) Any person who has failed to stop or to comply with the requirements of paragraph (a)...
TC1 is offline  
Old 12-04-23, 05:24 PM
  #11  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Originally Posted by TC1
Paragraphs a and b are linked -- leaving the scene of any injury crash is a Class 4, and subsequently failing to notify the authorities within 30 minutes elevates to a Class 2, if a person was injured, and Class 1 if a person was killed, which is the case here. Since she failed to meet her legal obligations in both paragraphs, she committed a Class 1 felony.
The driver left the scene of the accident. In all likelihood, she cannot be charged with failure to report the accident because she was apprehended shortly after leaving the scene. Luckily, the district attorney knows more about the case than you do and is capable of correctly interpreting the law.
tomato coupe is offline  
Old 12-04-23, 06:35 PM
  #12  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by tomato coupe
The driver left the scene of the accident. In all likelihood, she cannot be charged with failure to report the accident because she was apprehended shortly after leaving the scene.
Again, read the law -- the only exception is for hospitalization, and the report must be made at the police station or sheriff's office.

Originally Posted by the same ILCS section already quoted
Code:
(a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle crash, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the crash, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such crash occurred.
There is no exception for being tied-up with being breathalyzed, and having your belongings searched, etcetera.

And all of that still ignores the fact that the district attorney failed to charge her with even the Class 4 felony, which she earned the moment she took off running red lights -- so obviously your faith in that "civil servant" is wildly misplaced, to no one's surprise.
TC1 is offline  
Old 12-04-23, 06:46 PM
  #13  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Originally Posted by TC1
Again, read the law -- the only exception is for hospitalization, and the report must be made at the police station or sheriff's office.

There is no exception for being tied-up with being breathalyzed, and having your belongings searched, etcetera.
Your logic is beyond non-sensical if you think someone can be charged with failure to report an accident if they are already being detained by the police.
tomato coupe is offline  
Old 12-04-23, 07:00 PM
  #14  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by tomato coupe
Your logic is beyond non-sensical if you think someone can be charged with failure to report an accident if they are already being detained by the police.
Cite the section of the law which provides that exception. There is no such section -- in fact, it says repeatedly "in no case".
TC1 is offline  
Old 12-04-23, 07:12 PM
  #15  
Senior Member
 
Join Date: Jul 2009
Posts: 5,774

Bikes: Colnago, Van Dessel, Factor, Cervelo, Ritchey

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 3833 Post(s)
Liked 7,054 Times in 2,856 Posts
Originally Posted by TC1
Cite the section of the law which provides that exception. There is no such section -- in fact, it says repeatedly "in no case".
Clearly, someone cannot be charged with a failure to file an accident report at the police station, if they are being detained by the police when the reporting deadline passes. A five-year-old could understand that.
tomato coupe is offline  
Old 12-04-23, 07:33 PM
  #16  
TC1
Full Member
 
Join Date: Jun 2023
Location: Illinois
Posts: 372
Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 275 Post(s)
Liked 115 Times in 74 Posts
Originally Posted by tomato coupe
Clearly, someone cannot be charged with a failure to file an accident report at the police station, if they are being detained by the police when the reporting deadline passes. A five-year-old could understand that.
Cite the clear section of the law which provides this exception, then.

"Clearly", a person could not be expected to report such a crash if they were hospitalized -- which is precisely why that exception is codified in the law. But it is, as we've seen, the sole exception.

So, according to the law, if one leaves the scene of a crash, and plans to report the crash at the police station, they better get there before the cops find 'em. And she did not.
TC1 is offline  
Likes For TC1:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.