..and is cited for "improper lane usage". This seriously saddens me.


https://www.news-gazette.com/news/loc...cyclists_death

Thursday, November 30, 2006 11:38 AM CST

URBANA – Jennifer Stark wiped away tears and nodded that she understood the maximum sentence a Champaign County judge gave her Wednesday for improper lane usage.

The 19-year-old Urbana woman appeared in court, flanked by her parents, to plead guilty to a petty offense and be sentenced for actions that led to the death of Matthew Wilhelm.
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The 25-year-old former Champaign resident, a University of Illinois mechanical engineering graduate working for Caterpillar in Peoria, died on Sept. 8 from head injuries he received Sept. 2 when Stark hit him with her car because she was downloading ring tones to her cell phone instead of paying attention to driving.

Mr. Wilhelm was bicycling north on Illinois 130 east of Urbana when he was struck from behind about 7:15 p.m. Stark was so far off the road that she hit Mr. Wilhelm from behind with the driver's side of her car. He was wearing a helmet.

"I can only apply the law I have in front of me, not as I wish it would be," Judge Richard Klaus told Stark and the approximately dozen others who had gathered to see her sentence. They included the parents of Mr. Wilhelm and other friends and relatives of the Wilhelm family who have mobilized forces to try to get the law changed regarding distracted drivers.

"I am appalled by your conduct and the manner in which you have driven in the short time you've had a license," Klaus told Stark, who had three prior convictions since May 2005 one for disregarding a traffic light and two for speeding. The last speeding conviction came about five weeks before she hit Mr. Wilhelm.
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State's Attorney Julia Rietz made the call not to lodge any more serious charge than improper lane usage against Stark, saying that the legal definition of recklessness, to sustain reckless homicide or reckless driving, did not fit her actions.

But Rietz argued for the maximum sentence of six months of conditional discharge a form of probation without reporting to an officer a $1,000 fine and traffic safety school.

"This is a tragic case and one which has demonstrated to us there are many things we can't adequately resolve in this building, unfortunately. The law doesn't give us an adequate remedy to address the loss to the Wilhelms and society," she said.

Stark shook her head no when Klaus asked her if she wanted to say anything before being sentenced.

But Gloria Wilhelm, the mother of the victim, was not reticent. She calmly read to Klaus a statement in which she chided the system that allowed Stark to continue driving even though her "irresponsible behavior continued to worsen."

And she took a diplomatic jab at Rietz for her decision not to prosecute Stark for more than a petty offense.

"Julia Rietz said it would be hard to prosecute 'willful and wanton' (behavior) and the driver could have 'no reasonable expectation of a bike on the side of the road,' yet every single time we visited the accident site we saw bikers and joggers in the area. The driver took this path to and from work and had to see others out there. Disregarding the obvious is a total lack of responsibility.

"In addition to a mere fine, we implore you to recommend community service and continued education to improve her driving. She needs more than just to 'live with this the rest of her life.' She can celebrate holidays and birthdays with her family. We can't do this with Matt."

Stark's mother sobbed as she listened to Mrs. Wilhelm continue:

"We have nightmares of Matt's last moments when he was riding way off to the side of the road on a clear beautiful day and was hit with no warning. ... Another person told me they saw the accident scene and it was something no mother should have to witness all for a cell phone ring tone. ... All for a self-indulged driver who has her priorities ridiculously out of order."

After the hearing, Stark went upstairs at the courthouse to make an appointment with the probation office. Her mother told The News-Gazette that Stark didn't want to make any public comments because "she's afraid her words will get twisted."

Stark sent a letter to The News-Gazette that was published in September in which she apologized to the Wilhelm family for what happened and said she took full responsibility for her actions.

"I never meant to do anything like this. I know that no matter what I say or do I can never take back what has happened or undo the hurt and grief I have caused. However, I still wanted to say that I am very sorry," she wrote.



edit: at the request of slvoid, I've added contact information for the state attorney.

Office of the State's Attorney
Julia Rietz
State's Attorney
Courthouse 2nd Floor
101 E. Main St.
Urbana, IL 61801

Phone Main (217) 384-3733
Public email Main: statesatty@co.champaign.il.us

What?! Improper lane usage??? That's HORSES***

That about sums it up. The laws are ****ed up.

what happened to involuntary/vehicular manslaughter?

I'm sorta suprised we aren't yet prosecuting cell-phone usage the same way we're prosecuting DUI...it's the only way it's gonna slow down.

*sigh* What an absolutely tragic loss!

As for her sentence, she will have to live with what she did for the rest of her life. I think that alone would traumatize me.

exactly! if you're driving drunk and crash your car, and kill anyone inside your car, in another car, wherever, it's involuntary manslaughter (I believe it is, I'm not a lawyer, but I know of unfortunate incidents where exactly this happened).... hitting someone, whether a cyclist, jogger, pedestrian, whatever, should be no different... whether alocohol is involved or not. WTF!

Not to distract from the tragedy, but I've always wondered WHAT THE #$@% IS THE POINT OF RINGTONES? A phone has plenty of normal rings to let you hear someone is calling - the purpose of a ring tone. The phones rings - you answer it. So why would you want a song or something - so you can listen to your phone ring and not answer it? Not only that, but you have to pay extra for that pointless crap.
How many bad things have happened from teenagers trying to make themsleves seem "cool" to others, either by pointless stupid things like this ringtone story, or peer pressured bad acts and deeds. Its amazing we all survived that period of our lives.

But sentencing it is so hard in these cases.

Yeah, but you're not the kind of person who would drive off the side of the road while downloading ringtones.

Sometimes I wonder what one could do as a private citizen about these kinds of things when the legal penalty is ridiculous. Like, collecting money and once every year for 10 years after the accident buying a full page advertisement in the local paper with that woman's face printed in it, along with a matter-of-fact description of what she did and what the judgement and fine was for it.

Interesting you should mention that, because in some respects cell-phone driving is worse.

Check this out, for example: https://www.psych.utah.edu/AppliedCog...ssment2003.pdf

Tons more here: https://www.psych.utah.edu/AppliedCognitionLab/

And here's a bit of a summary: https://www.psychologymatters.org/driverdistract.html

That recent bus tragedy in Albama, where four kids died when it plunged off the overpass, was also the result of reckless kids behind the wheel. It was a fellow student with a drivers liscense who apparently got cute and decided to swerve in front of the bus, (maybe to impress?) I think kids are getting more dangerous behind the wheel as society becomes more self absorbed...

Add all the new electronic distractions like cell phones and ipods...very sad...

Gosh, I hope I don't get distracted playing with my bike computer and run over that stupid girl's a$$... I will just feel so sorry if that ever happened....

1-Is it possible for the Wilhelms to file a civil lawsuit against the Stark?

2- Anyone have the contact to this attorney Rietz? In situations like this we need to mobilize and send letters/emails to anyone who is willing to listen....

the legal definition of recklessness, to sustain reckless homicide or reckless driving, did not fit her actions.

Huh? These are the words of a DA who does the same freaking thing in HER car! THAT'S why she didn't prosecute for more. This was manslaughter.

To annoy others.

fu<k that.

don't you have 'driving without due care and attention' or 'death by dangerous driving' in the us?

fsnl
sparky

Awful. Just awful.

There's just no defense for cyclists in our legal system. Granted, the cell phone/distraction thing extends well beyond hitting cyclists, but it's more likely to kill us than other motorists. If there were actual real consequences for spacing out while driving and KILLING someone, maybe fewer people would do it, but instead our legal system slaps them on the wrist and lets them drive their deadly weapons home from court. Sick.

I just found out some more information. Here's a sad and touching article, telling a little bit more about Matt Wilhelm, the man who was hit and killed. There are a few other details about the incident, too.

https://www.news-gazette.com/ngsearch...y_69392.txt&se


"While riding his bicycle on the right shoulder of Illinois 130 east of Urbana on Sept. 2, he was hit by a 19-year-old Urbana woman who was downloading ring tones onto her cell phone.

Jennifer Stark was so distracted that she came up behind Matt Wilhelm, ran off onto the shoulder and hit him with the driver's side of her car.

She was given a ticket for improper lane usage, her fourth traffic ticket in 17 months. The others were for speeding and disregarding a traffic signal.

Matt's bicycle helmet, which his parents said he wore religiously, did not save him from the traumatic brain injuries that claimed his life days later.

"Something good has to come from the worst thing in our life. As a mom, I don't ever want another mom to be at a child's bedside watching him die," Gloria Wilhelm said."

I sent this email to the state's attorney
and here is the state's attorney email address if you were just as outraged as I was.
statesatty@co.champaign.il.us
________________________________
Mrs. Rietz,
One of my colleagues forwarded the tragic news story regarding Mr. Wilhelm's death -
https://www.news-gazette.com/news/loc...cyclists_death

I was extremely dissapointed that the state's attorney could not muster the political will to take sterner action. It is these kind of situations that is propagating a culture in our society where people do not feel the need to be responsible for their actions. As a husband and parent I constantly fear of the distracted cell phone users, inebriated- the irresponsible drivers. And in a situation like this, when my government cannot do what is right, I am at a loss for words.
My deepest sympathies to the Wilhelm's,
yours,

Yeah, slvoid posted Rietz' contact details in the same thread in the Commuting forum. sidney was killed by a teenager driving while texting last year and the judge made him give speeches on what he'd done and the dangers of driving while distracted. I feel so bad for the victim's family.

As a parent, that is a truly sad statement that says it all.

I'm curious. Even though the driver (apparently) retained her driver's license; is she still driving? Is the family pursuing civil action?

I read this at another forum and sent an e-mail as well. I'm not really a letter-writer, but after reading the story, there was no way I couldn't speak up. Honestly, I don't know how any cyclist can keep from responding to such a blatant cock-up of our criminal justice system.

I plan on posting the news story link and the contact e-mail to every forum I actively participate in.

I think a law needs to be passed to prohibit any driver under the age of 21 from using a cell phones while driving. Period. They just don't have the life experience to understand the consequences of their actions.

I, too, sent a letter after reading this thread. I've seen a number of similar incidents on the forums here and in my home-state regarding young drivers (in particular) and negligent driving. I think it's time to get more involved in my local government...