Hit and run driver not arrested after he strikes, severely injures cyclist
07-07-09, 06:08 AM
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Hit and run driver not arrested after he strikes, severely injures cyclist
This happened on a route I frequently ride on in the Santa Clarita area of CA. If Santa Clarita sounds familiar, it's because for the last few years the Amgen Tour of California has had stage starts/finishes here:
https://www.the-signal.com/news/article/15278/
The guy's friends have set up a blog where you can read about his recovery. Here's how one of his friends described him as he lay on the street bleeding:
https://kevinsrecovery.com/blog/the-accident/
I think it's outrageous that the motorist hasn't been arrested. There is no excuse for leaving the scene of the crime. It sounds like he only came back because a big part of his truck was left at the scene!
What's more Kevin had pedaled ahead of all his friends. That means the driver passed several cyclists on the road; he should have been more alert.
Members of a Valencia church are walking by faith after one of their own was the victim of a hit-and-run while bicycling and wound up in the hospital with major spinal injuries on the holiday weekend.
Kevin Mather, 26, of Saugus, was one of 11 men from Copperhill Community Church who were on a 55-mile bicycle ride Friday morning.
About a quarter-mile north of Le Chene French Cuisine on Sierra Highway, Mather had gotten ahead of the rest of the group.
When Ryan House of Newhall rounded a curve in the road, he saw Mather's yellow bike laying in the middle of the road and cars pulling off on the shoulder.
Mather was sprawled out on the side of the road, bleeding from the head.
"It's something you don't ever want to see," House said Monday.
snip
Mather had been struck from behind by a 2006 Chevrolet Silverado pickup driven by Emilio Ramirez, 37, of Agua Dulce, and thrown from his bike, according to a California Highway Patrol report.
Ramirez eventually returned to the scene. He was not arrested, and the collision is under investigation by the CHP, said Officer John Lutz of the Highway Patrol's Newhall-area station.
Kevin Mather, 26, of Saugus, was one of 11 men from Copperhill Community Church who were on a 55-mile bicycle ride Friday morning.
About a quarter-mile north of Le Chene French Cuisine on Sierra Highway, Mather had gotten ahead of the rest of the group.
When Ryan House of Newhall rounded a curve in the road, he saw Mather's yellow bike laying in the middle of the road and cars pulling off on the shoulder.
Mather was sprawled out on the side of the road, bleeding from the head.
"It's something you don't ever want to see," House said Monday.
snip
Mather had been struck from behind by a 2006 Chevrolet Silverado pickup driven by Emilio Ramirez, 37, of Agua Dulce, and thrown from his bike, according to a California Highway Patrol report.
Ramirez eventually returned to the scene. He was not arrested, and the collision is under investigation by the CHP, said Officer John Lutz of the Highway Patrol's Newhall-area station.
The guy's friends have set up a blog where you can read about his recovery. Here's how one of his friends described him as he lay on the street bleeding:
I jumped off the bike and saw Kevin lying on the side of the road perpendicular to Sierra Highway with his head in the ditch. There was the entire mirror of a SUV or truck next to him that had broken off the vehicle that hit him. Ryan and one of the motorist were on the phone with police and paramedics. He was lying there by himself and I put my hand on his hand and prayed again for him. He had massive head injuries and it looked like his helmet was the only thing holding the top of his head in place.
I think it's outrageous that the motorist hasn't been arrested. There is no excuse for leaving the scene of the crime. It sounds like he only came back because a big part of his truck was left at the scene!
What's more Kevin had pedaled ahead of all his friends. That means the driver passed several cyclists on the road; he should have been more alert.
07-07-09, 06:40 AM
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First, its terrible what happened to the cyclist. My prayers are with him.
However, I wouldn't get too worked up about this yet, with the emphasis on "yet".
Simply because the driver was not arrested at the scene, does not mean that there will not be charges brought. The article specifically mentions that the accident is under investigation. Typical process is for the police to refer the results of their investigation onto the Prosecuting attorney, who then makes the decision whether to prosecute.
The article is less than clear on the "Hit and Run" stating that the driver "eventually" returned. How worked up the prosecutor may be about hit and run charges may turn on whether the driver went to the closest intersection turned around and came back, or whether he came back 2 hours later. The article doesn't give that information.
If you're concerned about seeing this guy prosecuted, Letters, emails, and phone calls to the prosecutor's office from the victim's family, the local cycling community, and the Church would serve to let the Prosecutor's office know that people are seriously concerned about this type of conduct.
However, I wouldn't get too worked up about this yet, with the emphasis on "yet".
Simply because the driver was not arrested at the scene, does not mean that there will not be charges brought. The article specifically mentions that the accident is under investigation. Typical process is for the police to refer the results of their investigation onto the Prosecuting attorney, who then makes the decision whether to prosecute.
The article is less than clear on the "Hit and Run" stating that the driver "eventually" returned. How worked up the prosecutor may be about hit and run charges may turn on whether the driver went to the closest intersection turned around and came back, or whether he came back 2 hours later. The article doesn't give that information.
If you're concerned about seeing this guy prosecuted, Letters, emails, and phone calls to the prosecutor's office from the victim's family, the local cycling community, and the Church would serve to let the Prosecutor's office know that people are seriously concerned about this type of conduct.
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You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
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You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
OR YOU COULD STAY HOME AND FALL OFF THE COUCH AND DIE.
Last edited by merlinextraligh; 07-07-09 at 06:44 AM.
07-07-09, 03:55 PM
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I feel ceretain that eventually charges may be brought. howver I think if the driver had hit a dog they would already be on death row!
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07-07-09, 04:08 PM
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Moving to Advocacy & Safety...
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No matter what happens now
You shouldn't be afraid
Because I know today has been the most perfect day I've ever seen.
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You shouldn't be afraid
Because I know today has been the most perfect day I've ever seen.
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R A D I O H E A D
07-07-09, 04:12 PM
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The driver returned to the scene, so it is NOT a hit and run.
07-07-09, 04:48 PM
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You can't arrest someone until they've been charged with a crime. This is still the United States of America. Our rights and freedoms are still applicable, even in the land of A&S.
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This is Africa, 1943. War spits out its violence overhead and the sandy graveyard swallows it up. Her name is King Nine, B-25, medium bomber, Twelfth Air Force. On a hot, still morning she took off from Tunisia to bomb the southern tip of Italy. An errant piece of flak tore a hole in a wing tank and, like a wounded bird, this is where she landed, not to return on this day, or any other day.
07-07-09, 07:46 PM
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07-07-09, 08:02 PM
#10
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Do you really think that prosecutors file charges in the middle of the night while a cop is standing on the side of the road with a DUI suspect. And that only after the charges are filed, that the police can then arrest the DUI driver?
07-07-09, 08:10 PM
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Not always. Read your local law. Many allow the driver to: go to a pay phone to call for help; report to the nearest police station (based on some conditions), stop at the nearest safe location (which in some cases may be a mile or so), etc.
I doubt that any of the exceptions apply. I agree that it is likely the driver went to a spot he could get out and look at the dammage to his truck. He realized that with the missing mirror, he was going to get caught. So he figured his best chance to minimize the penalty to himself, was to return.
I doubt that any of the exceptions apply. I agree that it is likely the driver went to a spot he could get out and look at the dammage to his truck. He realized that with the missing mirror, he was going to get caught. So he figured his best chance to minimize the penalty to himself, was to return.
07-07-09, 08:11 PM
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That is not at all true. Police arrest people everyday, take them to a holding cell and then prosecutors file charges later.
Do you really think that prosecutors file charges in the middle of the night while a cop is standing on the side of the road with a DUI suspect. And that only after the charges are filed, that the police can then arrest the DUI driver?
Do you really think that prosecutors file charges in the middle of the night while a cop is standing on the side of the road with a DUI suspect. And that only after the charges are filed, that the police can then arrest the DUI driver?
07-08-09, 08:11 PM
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Sometimes, police could make an arrest without a warrant, but choose to hold off while continuing investigation, because the speedy trial thing starts with the arrest.
07-08-09, 11:29 PM
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Oops, that's right...my state is a misdemeanor/presence state, but with several exceptions. For felonies, you just need probable cause, which I would think you would have here, if as it appears from the blog, the driver's mirror broke off and was left at the scene.
07-08-10, 06:05 PM
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Cycle Year Round
07-10-10, 12:50 AM
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07-12-10, 02:12 PM
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The link to his recovery was in the original post. Thanks though for re-linking it for anyone who may have not noticed it already. I really appreciate your courtesy.
07-12-10, 02:52 PM
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Cycle Year Round
Actually the OP link was directly to the accident story and not the general recovery blog. So my link was not a re-link. There are some that would not likely find the rest of the blog information, so I made it easy for them. I notice you ignore that I also provided a link that gave a more recent update to the legal case.
07-12-10, 05:46 PM
#23
Walmart bike rider
Here's the thing. The DA is going to have a hard time, if not impossible, due to the fact the driver did return to the scene. A defense attorney will emphasize this in a court, and no way is a jury going to convict for more than traffic violations. Bummer, but that's the truth.
07-12-10, 05:52 PM
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The statements of the witnesses will be key as well -- if the guy came back and tried to get his mirror and slink out of there, that would certainly hurt him.
07-13-10, 02:35 PM
#25
Walmart bike rider
Dougmc, yea I'm sure there are facts we don't know for sure. 30 minutes would be a big deal even to a jury.
This almost certainly won't go to trial though, either the DA won't charge, or a deal will be made if the DA can make a case.
The fact the person who got hit has set up a blog will only assist the defense.
This almost certainly won't go to trial though, either the DA won't charge, or a deal will be made if the DA can make a case.
The fact the person who got hit has set up a blog will only assist the defense.
