rydabent

howsteep

The persons that said not a law or ordance is on the right track. It could be covered by police dept procedures.

BTW why do you keep ragging on me about gov b'crats, are you one of them?

howsteepisit

Because you rage about government interference and then call for more laws. Its hypocritical.

Mvcrash

Natural reaction to turn ones head when being called for, cop or not.

trailangel

Here is unbelievable update I took off CBS website. I caught a bit on TV and had to look it up:

DA Declines To File Charges Against Deputy In Crash That Killed Entertainment Lawyer
Alan Carter

Yesterday, 6:19 PM

LOS ANGELES (CBSLA.com) — The Los Angeles District Attorney’s Office has declined to file charges against a Sheriff’s Deputy who was typing on a department computer when he fatally struck a well-known entertainment lawyer in Calabasas.
A charge evaluation worksheet made public Wednesday said there was “insufficient evidence” to charge Deputy Andrew Wood with vehicular manslaughter.
“Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning, causing him to inadvertently travel straight into the bike lane, immediately striking” Milton Everett Olin Jr., who was riding eastbound in the bicycle lane on Mulholland Highway shortly after 1 p.m. Dec. 8, 2013, according to the charge evaluation worksheet.
“Wood entered the bicycle lane as a result of inattention caused by typing into his MDC (mobile digital computer),” according to the charge evaluation worksheet, which said Wood was responding to another deputy who asked if an investigation had been done at Calabasas High School.
“Since Wood was acting within the course and scope of his duties when he began to type his response … he acted lawfully,” according to the document.
The charge evaluation worksheet said Wood’s statement that he sent a text message while his patrol car was stopped at a red traffic light was consistent with GPS and cellphone records.
The document went on to say there was “no evidence that he was engaged in any other activities, such as using his personal cellphone, at the time of the collision.”
Olin’s family sued the county July 16, alleging wrongful death and claiming the deputy was negligent. The lawsuit, which also names the Sheriff’s
Department and Wood, seeks unspecified monetary damages.
Olin, 65, was a former chief operating officer for Napster.

Steve Urquell

Appalling. Justifiable negligent homicide to do something no different than texting.

mr_bill

"Wood briefly took his eyes away from the road precisely when the narrow roadway curved slightly to the left without prior warning...."

The utility poles up ahead are trying to say something I think. I often see utility poles planted in a sidewalk, like the first four utility poles here. But it's damn strange to see them planted in the roadway like that.

-mr. bill

howsteepisit

Seems foolish that typing on a mobile computer while driving shoould be considered normal and lawful part of anybody's job duties, much less a sheriffs deputy. My suspicion is that the civil suit will bring a large settlement which will include massive punitive damages.

dynodonn 

In addition to the deputy's inattentiveness, the bad road design comes into play as well, especially during times when the higher speed limit of 45 mph is in effect. I suspect that in the near future that either the speed limit will be reduced on this portion of roadway,or that the slight curve in the road way will be eliminated.

spivonious

That's a surprising ruling from the DA. Because it was part of his duties, he's allowed to be distracted while driving? I'm going to start doing work on my laptop while driving. If I hit anyone, I'll just claim it was part of my work duties.

Keith99

There are no surprises on that road. The sightlines are fine. And as you point out the utility poles are a pretty good warning too.

B. Carfree

The bar is higher than you think. In order for the killer cop to lose his immunity, the standard is that ALL reasonable cops would find his actions out of line. Good luck with that. Further, the county may be off the hook as well since the only thing in play is their policies. Even if the cop wasn't following them, which is certainly in question based on the DA's report, they don't have the legal responsibility to supervise their employees that you would think they do.

On the bright side, this looks like a decent case to get some changes made and the victim's family certainly has the deep pockets to make things happen.

mr_bill

The full JSID can be found here.

If only there had been prior warning of that dangerous curve....



-mr. bill

Chitown_Mike

The reason I hear from cop buddies is they are trained in this, doesn't take the human factor out of it, but they do go to driving schools (well most departments/states require it) where they learn how to drive utilizing all their gear as efficiently as possible. I read about this incident when it happened and once it came out he was on his computer I figured they wouldn't charge the officer since he is acting within his duties, regardless of people's emotional opinions online.

It does suck that something like happened the way it did, but going forward one MAY hope there are policy changes going forward and a design change in the road since it sounds like a wonky setup already. As much as I want to blame the cop in this case, it would be no different if it was another car, a mom with a baby in a stroller, or a basket full of puppies, just blows it was another cyclist.

dougmc

Maybe, maybe not.

Some governments make it nearly impossible to sue them for anything, no matter the level of incompetence or negligence on their part.

That said, I don't know about *this* government. Hopefully you'll be right.

FBinNY 

Settlements don't include punitive damages. As the name implies, it's a settlement on a mutually acceptable amount, (without a breakdown). You'd only get punitive damages in a jury award.

howsteepisit

Yep you are correct. My thinking is that if indeed as stated that driving while typing on a mobile computer is a normal and expected part of the sheriffs duties the county is going to get the bejesus sued out of them, the deputy will be indemnified by the county who approved the behavior, it will go to trial and a large award will follow. Maybe not , but in cases of clear gross negligence many local entities have been successfully sued. And in my opinion (not legally qualified of course) telling anyone to drive while not looking at the road rises to the level of gross negligence. time will tell of course and I usually am wrong about such things.

FBinNY 

IMO, you were closer the 1st time. I expect that the civil suit will lead to a negotiated settlement. I doubt the case will ever reach a courtroom.