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

Repeat Offender Fatality

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.

Repeat Offender Fatality

Old 06-21-11, 08:03 PM
  #1  
benjdm
Senior Member
Thread Starter
 
Join Date: Apr 2006
Posts: 464

Bikes: Sun EZ-Speedster SX, Volae Expedition

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 3 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Repeat Offender Fatality

https://www.dailycamera.com/boulder-c...ws/ci_18314318

The dump-truck driver involved in a fatal bicycle accident in Lefthand Canyon on Friday was convicted for his role in a high-profile road-rage altercation with a cyclist in the same area two years ago.

Although the investigation into Friday's crash is still underway, preliminary results show the truck driver -- Christopher G. Loven, 45, of Boulder County -- was at fault because he failed to yield the right of way, Colorado State Patrol Cpl. Eric Wynn said Monday evening.

A decision has not yet been made whether to charge Loven in connection with the death of Eugene Philip Howrey, 73, of Boulder, Wynn said...
Details of the previous encounter can be found here.
benjdm is offline  
Old 06-21-11, 08:31 PM
  #2  
degnaw
Senior Member
 
degnaw's Avatar
 
Join Date: Mar 2008
Location: Bellevue, WA
Posts: 1,606
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 1 Time in 1 Post
From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.
degnaw is offline  
Old 06-23-11, 11:46 PM
  #3  
Chris516
24-Speed Machine
 
Chris516's Avatar
 
Join Date: Jul 2004
Location: Wash. Grove, MD
Posts: 6,058

Bikes: 2003 Specialized Allez 24-Speed Road Bike

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I hope he gets long prison time.
Chris516 is offline  
Old 06-23-11, 11:50 PM
  #4  
Dean7
Senior Member
 
Dean7's Avatar
 
Join Date: Apr 2010
Location: Portland, OR
Posts: 518
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
How sad.
Dean7 is offline  
Old 06-23-11, 11:57 PM
  #5  
Dean7
Senior Member
 
Dean7's Avatar
 
Join Date: Apr 2010
Location: Portland, OR
Posts: 518
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Oh and this guy seems like he has a history of violence. It's never good to jump to conclusions, but dang this looks bad.
Dean7 is offline  
Old 06-24-11, 02:54 AM
  #6  
smasha
Vegan on a bicycle
 
smasha's Avatar
 
Join Date: Sep 2009
Location: wellington NZ (via NJ & NC)
Posts: 1,042
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 7 Post(s)
Liked 1 Time in 1 Post
this is why it's important to formally complain about incidents and near misses. motorists usually get off too easy when they kill and maim with their cars, but creating a paper-trail of incidents and near misses makes it easier to get stiffer charges and sentencing when things go bad enough that the police investigate.

if not for the earlier case (and the cyclist who pursued it) this would be "just an accident" but now it's under closer scrutiny by investigating police, and will likely soon be under closer scrutiny by a court.
smasha is offline  
Old 06-24-11, 03:08 AM
  #7  
smasha
Vegan on a bicycle
 
smasha's Avatar
 
Join Date: Sep 2009
Location: wellington NZ (via NJ & NC)
Posts: 1,042
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 7 Post(s)
Liked 1 Time in 1 Post
https://www.dailycamera.com/boulder-c...ws/ci_18314318

the picture of the truck driver... maybe it was really just an accident, and the driver is remorseful. or maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."

we'll never really know.
smasha is offline  
Old 06-24-11, 08:54 AM
  #8  
Dean7
Senior Member
 
Dean7's Avatar
 
Join Date: Apr 2010
Location: Portland, OR
Posts: 518
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by smasha View Post
https://www.dailycamera.com/boulder-c...ws/ci_18314318

the picture of the truck driver... maybe it was really just an accident, and the driver is remorseful. or maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."

we'll never really know.
I saw the picture and thought the same thing. He could be super remorseful or could just be 100% selfishly thinking about how screwed he is. Or both.
Dean7 is offline  
Old 06-24-11, 09:00 AM
  #9  
Dean7
Senior Member
 
Dean7's Avatar
 
Join Date: Apr 2010
Location: Portland, OR
Posts: 518
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
By the way: the comments on that news site = I want to shoot myself in the face now.
Dean7 is offline  
Old 06-24-11, 09:18 AM
  #10  
mikeybikes
Senior Member
 
mikeybikes's Avatar
 
Join Date: May 2009
Location: Edgewater, CO
Posts: 3,214

Bikes: Tons

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by degnaw View Post
From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.
I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
mikeybikes is offline  
Old 06-24-11, 12:36 PM
  #11  
CB HI
Cycle Year Round
 
CB HI's Avatar
 
Join Date: Mar 2005
Location: Honolulu, HI
Posts: 13,643
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 1314 Post(s)
Liked 91 Times in 58 Posts
If he voluntarily gives up driving, it is this one.
Originally Posted by smasha View Post
maybe it was really just an accident, and the driver is remorseful.
If he continues driving, especially the dump truck, it is this one.
Originally Posted by smasha View Post
maybe he's thinking "oh ****! i only meant to scare the guy, now i'm ****ed."
__________________
Land of the Free, Because of the Brave.
CB HI is offline  
Old 06-24-11, 01:10 PM
  #12  
seeker333
-
 
seeker333's Avatar
 
Join Date: Feb 2004
Posts: 3,865

Bikes: yes!

Mentioned: 5 Post(s)
Tagged: 0 Thread(s)
Quoted: 281 Post(s)
Liked 38 Times in 36 Posts
Originally Posted by mikeybikes View Post
I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
Yes, I agree. Even from Google Streetview, it's clear that the motorist would have had a unobstructed view of the approaching cyclist.

I doubt he'll be charged with a crime.

I hope the dead bicyclist's family sues the motorist's employer for millions, and wins. Then perhaps the motorist will become unemployed due to being too much of a liabilty to his employer. And, perhaps this will lead to him never operating large vehicles again.

I think the penalty for killing a bicyclist with a motor vehicle in the USA, even without mens rea, should be that you have to pedal a bicycle everywhere you go for the next year. With this penalty in place, no motorist would ever dare drive close to a bicyclist.

Last edited by seeker333; 06-24-11 at 03:09 PM.
seeker333 is offline  
Old 06-24-11, 03:31 PM
  #13  
exile
Senior Member
 
exile's Avatar
 
Join Date: Mar 2008
Location: Binghamton, NY
Posts: 2,893

Bikes: Workcycles FR8, 2016 Jamis Coda Comp, 2008 Surly Long Haul Trucker

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 4 Times in 4 Posts
I really don't want Colorado State Patrol Cpl. Eric Wynn investigating this case:

...preliminary results show the truck driver -- Christopher G. Loven, 45, of Boulder County -- was at fault because he failed to yield the right of way, Colorado State Patrol Cpl. Eric Wynn said Monday evening.
A decision has not yet been made whether to charge Loven in connection with the death of Eugene Philip Howrey, 73, of Boulder, Wynn said.
The Camera reported in 2009 that Loven was ticketed on suspicion of reckless endangerment after a cyclist said Loven used his truck to push him into oncoming traffic near Lee Hill Drive and Olde Stage Road. A witness confirmed the cyclist's account.
Wynn said investigators will use evidence only from Friday's crash in making a determination of fault. "These are two separate incidents," Wynn said Monday. "You can't hold someone accountable in one case for something that happened in another case."
Does this mean the drivers previous conviction of "reckless endangerment" involving a cyclist not be considered ?
exile is offline  
Old 06-24-11, 03:57 PM
  #14  
tadawdy
Faster than yesterday
 
Join Date: Sep 2008
Location: Evanston, IL
Posts: 1,510
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I recall that intersection, having driven through it numerous times. If you don't exceed the 35mph speed limit, the sight lines are actually quite good. Someone turning left on to Olde Stage from Lefthand has no excuses for hitting someone.
Yep. Plenty of visibility there. I've ridden there a few times. It's weird hearing about someone dying in a place you like to ride.
tadawdy is offline  
Old 06-24-11, 04:46 PM
  #15  
smasha
Vegan on a bicycle
 
smasha's Avatar
 
Join Date: Sep 2009
Location: wellington NZ (via NJ & NC)
Posts: 1,042
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 7 Post(s)
Liked 1 Time in 1 Post
Originally Posted by exile View Post
Does this mean the drivers previous conviction of "reckless endangerment" involving a cyclist not be considered ?
officially, the previous incident cannot be considered as part of the investigation or any criminal case. unofficially, i expect that it would influence the outcome of the investigation (whether or not charges are filed, what charges are filed) and any criminal case (if not the verdict, it would likely influence the sentencing).

in other words... if the investigations shows that it's "just an accident" then it may end there... but if they find fault with the truck driver, they're likely to unofficially consider his record and bump up the charges a notch. in either case, this incident investigation will be limited to an investigation of this incident. that's the difference between an incident investigation in civil society and an inquisition by an angry mob.

in any case, his previous record will certainly count against him in a civil case (assuming that's pursued)... and i'd hope that leaves him with not enough money to renew his driver's license.
smasha is offline  
Old 06-24-11, 05:24 PM
  #16  
adamtki
Senior Member
 
Join Date: Oct 2006
Posts: 635

Bikes: Soma cyclocross with Bionx PL500HS

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
As a cyclist, regardless of who's at fault, you want to protect yourself from being clobbered by a left hand turn. you never know what idiot is too distracted to notice you coming down the road. Many times, drivers can't determine how fast a cyclist is going too and think there's plenty of time to turn. Some of the things I do when approaching a vehicle that's waiting to turn left in front of you:

- Take the lane. Unfortunately, drivers don't look at the bike lane too much when looking for oncoming vehicles.
- Slow down if the sun is behind you or if their windshield looks dirty or if it's wet or if you can't see inside of their car
- Expect to hit the brakes any second (hands on both brakes)
- Sit up to look bigger and more visible
- If a vehicle in front of you is blocking you from being seen clearly, stay in the left side of the lane if you're taking the lane
adamtki is offline  
Old 06-24-11, 07:16 PM
  #17  
rekmeyata
Senior Member
 
rekmeyata's Avatar
 
Join Date: Sep 2010
Posts: 8,516
Mentioned: 9 Post(s)
Tagged: 0 Thread(s)
Quoted: 679 Post(s)
Liked 55 Times in 49 Posts
Originally Posted by degnaw View Post
From the streetview of the intersection, it does seem like a low-visibility turn where a legitimate mistake could have been made. Of course, the driver's history does seem to suggest otherwise.
Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?
rekmeyata is offline  
Old 06-24-11, 07:19 PM
  #18  
rekmeyata
Senior Member
 
rekmeyata's Avatar
 
Join Date: Sep 2010
Posts: 8,516
Mentioned: 9 Post(s)
Tagged: 0 Thread(s)
Quoted: 679 Post(s)
Liked 55 Times in 49 Posts
Originally Posted by adamtki View Post
As a cyclist, regardless of who's at fault, you want to protect yourself from being clobbered by a left hand turn. you never know what idiot is too distracted to notice you coming down the road. Many times, drivers can't determine how fast a cyclist is going too and think there's plenty of time to turn. Some of the things I do when approaching a vehicle that's waiting to turn left in front of you:

- Take the lane. Unfortunately, drivers don't look at the bike lane too much when looking for oncoming vehicles.
- Slow down if the sun is behind you or if their windshield looks dirty or if it's wet or if you can't see inside of their car
- Expect to hit the brakes any second (hands on both brakes)
- Sit up to look bigger and more visible
- If a vehicle in front of you is blocking you from being seen clearly, stay in the left side of the lane if you're taking the lane
This is very good info, it's the same stuff I practice too. When riding a bike sometimes you just have to slow down and play it safe rather then just charge on thinking someone saw you; I know that may bother some of you who just want to go fast and don't want to ruin a training ride by slowing down.
rekmeyata is offline  
Old 06-25-11, 04:41 PM
  #19  
exile
Senior Member
 
exile's Avatar
 
Join Date: Mar 2008
Location: Binghamton, NY
Posts: 2,893

Bikes: Workcycles FR8, 2016 Jamis Coda Comp, 2008 Surly Long Haul Trucker

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 4 Times in 4 Posts
Originally Posted by smasha View Post
officially, the previous incident cannot be considered as part of the investigation or any criminal case. unofficially, i expect that it would influence the outcome of the investigation (whether or not charges are filed, what charges are filed) and any criminal case (if not the verdict, it would likely influence the sentencing).

in other words... if the investigations shows that it's "just an accident" then it may end there... but if they find fault with the truck driver, they're likely to unofficially consider his record and bump up the charges a notch. in either case, this incident investigation will be limited to an investigation of this incident. that's the difference between an incident investigation in civil society and an inquisition by an angry mob.

in any case, his previous record will certainly count against him in a civil case (assuming that's pursued)... and i'd hope that leaves him with not enough money to renew his driver's license.
Thanks Smasha . My worry is that the cop who conducts the investigation will not take the drivers previous record into account even if the investigation turns up inconclusive.

Its like when cops arrest someone for prostitution or soliciting prostitution. They don't see the act, but always ask if the person has been arrested before. If they have been the cop usually issues a summons and let the court handle the rest.
exile is offline  
Old 06-25-11, 04:43 PM
  #20  
mikeybikes
Senior Member
 
mikeybikes's Avatar
 
Join Date: May 2009
Location: Edgewater, CO
Posts: 3,214

Bikes: Tons

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by exile View Post
Thanks Smasha . My worry is that the cop who conducts the investigation will not take the drivers previous record into account even if the investigation turns up inconclusive.

Its like when cops arrest someone for prostitution or soliciting prostitution. They don't see the act, but always ask if the person has been arrested before. If they have been the cop usually issues a summons and let the court handle the rest.
Legally, they cannot take the driver's previous record into account, and ethically, they should not. If there is not enough evidence to file criminal charges, then they should not.
mikeybikes is offline  
Old 06-25-11, 04:47 PM
  #21  
mikeybikes
Senior Member
 
mikeybikes's Avatar
 
Join Date: May 2009
Location: Edgewater, CO
Posts: 3,214

Bikes: Tons

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
Originally Posted by rekmeyata View Post
Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?
Meaningless, added on by Google.

https://goo.gl/maps/7pFj

A better view of the map. Cyclist would have been traveling east, turning north. Truck driver would have been traveling south, turning south on to Olde Stage Road. Truck driver would have to legally yield to cyclist.

Again, sight lines are very clear at this intersection.
mikeybikes is offline  
Old 06-25-11, 05:09 PM
  #22  
degnaw
Senior Member
 
degnaw's Avatar
 
Join Date: Mar 2008
Location: Bellevue, WA
Posts: 1,606
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Likes: 0
Liked 1 Time in 1 Post
Originally Posted by rekmeyata View Post
Great map, but I'm trying to figure it out. Is the pink circle with the A inside representing the rider when he was struck and the dull yellow line the path of the truck? Or is that stuff just meaningless?
As Mikeybikes noted, it's meaningless. I'll add that from the perspective of the link, the truck driver would be coming from this side turning towards the left, and the cyclist would be coming from the right towards us (the camera).
degnaw is offline  
Old 06-25-11, 05:15 PM
  #23  
exile
Senior Member
 
exile's Avatar
 
Join Date: Mar 2008
Location: Binghamton, NY
Posts: 2,893

Bikes: Workcycles FR8, 2016 Jamis Coda Comp, 2008 Surly Long Haul Trucker

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 2 Post(s)
Likes: 0
Liked 4 Times in 4 Posts
Originally Posted by mikeybikes View Post
Legally, they cannot take the driver's previous record into account, and ethically, they should not. If there is not enough evidence to file criminal charges, then they should not.
Perhaps I've watched to much Law & Order, but don't they usually takes someones previous record into account? Don't get me wrong mikeybikes I'm not arguing with you. I just find it hard to grasp that the severity of the first incident regarding this driver shouldn't come into play when examining a 2nd incident.

I'll give a second example. Suppose someone gets pulled over for speeding 10 miles over the posted speed limit. Isn't there some leeway as far as a cop issuing a ticket or a warning? However if the cop runs the license and it shows that the person was stopped 1 month before doesn't that sway there decision? If previous offenses shouldn't be taken into consideration then why would the cop even check the license?
exile is offline  
Old 06-25-11, 05:49 PM
  #24  
Atavar
Senior Member
 
Join Date: May 2011
Posts: 107
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 0 Post(s)
Likes: 0
Liked 0 Times in 0 Posts
I am going to draw some flames with this one, but as a cyclist (motor or pedal) it is up to you to not *let* other people hurt you. It doesn't matter who had right of way, who was driving legally or illegally, who was paying attention or not. In an altercation with a car or truck the cyclist will lose, you will be the one dead or in the hospital and the car driver will feel bad about it.

When I ride I expect people to drive stupid, I expect people to try and hurt me, I think and plan so I don't let them. When I ride I always watch for escape routes and plan for the car drivers to do the absolute worst thing they can. This has saved my bacon on countless occasions.

I yield my legal right of way almost daily to motor vehicle drivers. It pisses me off but not as much as looking at a traction bag hanging from a post over my bed would.

Yes, I do report as many details as I can to LEO when I am assaulted by a motor vehicle, so far nothing has ever come of it. Unless LEO witnessed this "accident" I doubt anything will come of it. It is the drivers word against the word of a dead guy.

Ride safe, protect yourself, don't expect the other guy to follow the rules. I have few enough friends and riding buddies, I don't want to lose any more. If you want to absolutely insist on your road rights then feel free to take them, but be prepared to complain from your hospital bed that it was someone else's fault.
Atavar is offline  
Old 06-25-11, 08:17 PM
  #25  
smasha
Vegan on a bicycle
 
smasha's Avatar
 
Join Date: Sep 2009
Location: wellington NZ (via NJ & NC)
Posts: 1,042
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 7 Post(s)
Liked 1 Time in 1 Post
Originally Posted by exile View Post
I'll give a second example. Suppose someone gets pulled over for speeding 10 miles over the posted speed limit. Isn't there some leeway as far as a cop issuing a ticket or a warning? However if the cop runs the license and it shows that the person was stopped 1 month before doesn't that sway there decision? If previous offenses shouldn't be taken into consideration then why would the cop even check the license?
among other things, checking the license tells the cop if there are outstanding warrants and if the license is currently valid.

again: "incident investigation" = investigation of incident, not investigation of driver.

when it comes to filing charges based on that investigation, whether it's right or wrong, the police will likely consider the driver's previous dealing's with police.
smasha is offline  

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright 2021 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.