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Old 07-04-10, 11:55 AM
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Had a hard time believing this

This was a local new story on a death of a local cyclist that was hit by a teenager i could not swallow the sentencing 10 days i mean really i had to go to jail for two weeks when i 15 for driving without a license. I dont think it should matter if it was accidental or not, if you are charged and plead guilty to misdemeanor vehicular manslaughter you should get an appropriate sentence. I understand he is just a teenager, and a lot of yo will disagree but i think he should have not only gone to adult jail, but also gotten a LOT longer of a jail term, what the hell is he gonna learn from 10 days in juvy? (note this is just a copy and paste of story)

____________________________________________________________________________________________________ ________



Boise, Idaho -- A young driver will find himself in juvenile detention for the death of a bicyclist from Boise.

The teen's sentencing came as a reminder for cyclists and drivers alike that everybody needs to pay closer attention on the roads.

Ten months ago, cyclist Kevin Pavlis was killed at the intersection of Hill Road and Smith Avenue by the driver of a car. A teenager was behind the wheel, trying to make a left turn, when he ran over Pavlis.

"Unfortunately someone lost their life in that and now someone else's life is going to be affected for years to come because of that," said Mike Cooley, owner of George's Cycles.

On Monday, the teen who pled guilty to misdemeanor vehicular manslaughter was sentenced to spend 10 days in detention. He'll also serve 300 hours of community service and a maximum of three years probation. Additionally, his driver's license will be suspended and he'll have to attend a safe driving class and pay restitution.

With warmer weather seemingly here to stay, cyclists are back out on the roads or are in the bike shops getting ready for the season.

"Now, we've had the first sunny days maybe starting to creep into our calendars, and there are going to be a lot of bikes on the road and I think the drivers just need to be aware that the roads are not going to be totally owned by them for the next three, four, five months," said Cooley.

It's not only people driving cars and trucks who need to be paying close attention.

"The important thing is make yourself visible and also when you come to an intersection, make sure they see you. Make sure that you have eye contact with them and proceed across the road, otherwise you're taking a gamble," said bike rider Rod Zimmerman.

Zimmerman, who rides from Eagle to Boise every day, has this added word of warning for those sharing the road with motor vehicles. "The main thing is you're going to lose no matter what, so we always have to be on the right of way of possibilities," said Zimmerman.

The identity of the young person who's negligence killed the bike rider has been sealed by the county prosecutor. That information will never be shared publicly.
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Old 07-04-10, 12:24 PM
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i guess that kid is gonna have to learn the rules of how to ride a bike around town safely. I don't see him being insured any time soon.
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Old 07-04-10, 12:39 PM
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Why is there always some jerk cyclist around to contribute a quote about lights or bright colors or helmets? It plants doubt and feels like blaming the victim to me.
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Old 07-04-10, 12:57 PM
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Originally Posted by JeffS
Why is there always some jerk cyclist around to contribute a quote about lights or bright colors or helmets? It plants doubt and feels like blaming the victim to me.
i agree totally like if someone was killed while being mugged it was their fault for being there
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Old 07-04-10, 09:31 PM
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Well there's hardly enough information in the article to say who is at "fault". However, the tone really seems slanted towards blaming the cyclist, which I don't like at all. However, I've seen plenty of boneheaded moves by the cycling and driving communities to last me a lifetime. I just hope I don't get creamed by some drunk on their cell phone, we are all on borrowed time out there.
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Old 07-04-10, 09:40 PM
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Originally Posted by DanBraden
Well there's hardly enough information in the article to say who is at "fault".
I thought this phrase was a pretty good indication of fault: "the teen who pled guilty to misdemeanor vehicular manslaughter..."
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Old 07-04-10, 09:55 PM
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Originally Posted by prathmann
I thought this phrase was a pretty good indication of fault: "the teen who pled guilty to misdemeanor vehicular manslaughter..."
Whoops! So it does... Hello Foot! Have you met Mouth? You guys'll be great together...

A guilty plea says it all.
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Old 07-04-10, 11:09 PM
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Without knowing the details of what happened, it's impossible to tell how much of the blame to assign to each person. Suppose, for instance, that the driver was going a few miles an hour over the limit, and the cyclist blew a stop sign and ended up in his path? If the driver had been going the speed limit, he would have had more time to react and possible avoid the collision, but a ten-year sentence wouldn't be warranted in that case. Does anybody here actually know the details of the collision?

I do find it surprising that there's a statute for MISDEMEANOR vehicular manslaughter, though.
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Old 07-04-10, 11:26 PM
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some cyclists, including the deceased, were riding on the shoulder while a long line of cars were passing them in the traffic lane. There was a small gap in the cars and the guilty party drove through it, hitting the deceased. I don't think there is much you can say about the incident other than being in a hurry makes no sense.
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Old 07-05-10, 05:47 AM
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Originally Posted by Fizzaly
he'll have to attend a safe driving class and pay restitution.
Wonder what the restitution price tag was that they put on a human life......
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Old 07-05-10, 03:45 PM
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Originally Posted by DanBraden
Well there's hardly enough information in the article to say who is at "fault". However, the tone really seems slanted towards blaming the cyclist, which I don't like at all. However, I've seen plenty of boneheaded moves by the cycling and driving communities to last me a lifetime. I just hope I don't get creamed by some drunk on their cell phone, we are all on borrowed time out there.
the article didnt report it but the driver was taking a left hand turn into a subdivision so the cyclist did have the right of way but thats all i know so really your right there could have been any number of circumstances that led to this but either way the kid pled guilty. And as far as im concerned when you plead guilty you accept fault for what ever crime it waas that you committed.
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Old 07-05-10, 04:06 PM
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CCCrew said it nicer than I'm inclined to....

HOW THE HELL DO YOU PAY RESTITUTION FOR A DEATH?!?
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Old 07-05-10, 04:38 PM
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Riding a bike in traffic is like going to war. Lose your focus at the wrong time and you will get blown up.
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Old 07-05-10, 04:58 PM
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Tragic no doubt, a person is dead and people who love him are impacted forever. No amount of jail time is going to bring this person back to life.

But if I'm reading between the lines correctly here, the driver plead guilty and perhaps demonstrated the appropriate level of remorse before the courts while taking responsibility for his actions. I'd like to think that these things are considered when justice is handed out. I'd also like to think that the driver should be required to spend time with the family of the deceased cyclist so that he can feel the weight that these people will carry around for the rest of their lives.
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Old 07-05-10, 05:02 PM
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Originally Posted by DX-MAN
CCCrew said it nicer than I'm inclined to....

HOW THE HELL DO YOU PAY RESTITUTION FOR A DEATH?!?
The actuaries will figure this out, and we will all pay higher insurance premiums.
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Old 07-05-10, 05:18 PM
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Here's an article with a little bit more details of the accident:
https://www.bicyclelaw.com/news/n.cfm...-from-injuries

In this article it talks about his sentencing:
https://www.idahostatesman.com/2009/1...stice-for.html

Edit: and of all things..... A SUV

Last edited by colleen c; 07-05-10 at 05:24 PM.
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Old 07-05-10, 06:06 PM
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Originally Posted by Kojak
Tragic no doubt, a person is dead and people who love him are impacted forever. No amount of jail time is going to bring this person back to life.

But if I'm reading between the lines correctly here, the driver plead guilty and perhaps demonstrated the appropriate level of remorse before the courts while taking responsibility for his actions. I'd like to think that these things are considered when justice is handed out. I'd also like to think that the driver should be required to spend time with the family of the deceased cyclist so that he can feel the weight that these people will carry around for the rest of their lives.
IMHO the kid needs a wood shampoo as well!
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Old 07-05-10, 07:30 PM
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Its all just sad many of the states need to work on laws not when it comes to just cyclists but people vs cars as well they are not treated as seriously as they should, i mean really. I guess i dont really see a lot of difference in manslaughter and murder but thats just me. I also dont think that the kid is gonna be overwhelmed with guilt
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Old 07-05-10, 09:52 PM
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If someone who kills a cyclist does so under aggrevating circumstances such as driving under the influence, I can see a longer sentence. That doesn't look like the case here, and I'm sure the kid will learn from this and won't be a threat to society. Accidents happen, and I'm sure he will think about this everyday.
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Old 07-05-10, 11:36 PM
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Originally Posted by colleen c
Here's an article with a little bit more details of the accident:
https://www.bicyclelaw.com/news/n.cfm...-from-injuries

In this article it talks about his sentencing:
https://www.idahostatesman.com/2009/1...stice-for.html

Edit: and of all things..... A SUV
Thanks for the link Colleen.

"Thursday’s fatal collision was the third such car vs. bike crash in Boise in less than a month, although the circumstances of all the crashes were different.
Boise police haven’t charged any of the three drivers as of Friday morning.
Jim Lee Chu of Eagle died May 21, two days after the 55-year-old was hit by a ValleyRide van on Orchard Street south of Interstate 84.
Thomas D. Bettger, 62, of Boise, also died May 21 — just hours after he was hit by a Dodge Neon at Milwaukee and Emerald streets at 7:45 p.m."


Boise sounds like a real dangerous place to ride ... population 200,000 and three bicycle deaths in one month!!!
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Old 07-06-10, 04:20 AM
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The sentence seems terrible light. I wonder how it compares to 'misdemeanor vehicular manslaughter' in a car on car accident? It is also pretty shocking that you can kill someone and have it be a misdemeanor.
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Old 07-06-10, 06:16 AM
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Clearly the driver screwed up; hence the guilty plea. The bicyclist evidently screwed up, too, to wind up dead. I don't see the point in putting the driver behind bars, though. In fact, I don't see the point of giving him driving lessons either; I'd like to see him permanently lose the privilege to drive a motorized vehicle. That would give him sufficient time to come to terms with his irresponsibility.
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Old 07-06-10, 10:16 AM
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It's pretty easy to be doing everything right, and still wind up dead by someone else's hand. Happens all the time. Doing everything right reduces the odds, but it's no guarantee.
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Old 07-06-10, 11:24 AM
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Originally Posted by rhm
Clearly the driver screwed up; hence the guilty plea. The bicyclist evidently screwed up, too, to wind up dead. I don't see the point in putting the driver behind bars, though. In fact, I don't see the point of giving him driving lessons either; I'd like to see him permanently lose the privilege to drive a motorized vehicle. That would give him sufficient time to come to terms with his irresponsibility.
Exactly!!!

For how long will he be without a driver license? With those kinds of accidents, I am for suspending the driver license for decades.

If you kill somebody in an accident, that doesn't automatically mean you're an evil person, who should go to jail. It just means that the risk of letting you back in a car is unacceptable to society.
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Old 07-06-10, 11:47 AM
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Originally Posted by rhm
Clearly the driver screwed up; hence the guilty plea. The bicyclist evidently screwed up, too, to wind up dead. I don't see the point in putting the driver behind bars, though. In fact, I don't see the point of giving him driving lessons either; I'd like to see him permanently lose the privilege to drive a motorized vehicle. That would give him sufficient time to come to terms with his irresponsibility.

Huh? Being a victim does not imply responsibility.


And no, jail time does not "fix" anything. But it is a good deterrent. Right now, our society has absolutely no deterrent to keep people from killing others with a motor vehicle. None. I don't personally care whether the victim was walking, riding a bicycle or driving their car.
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