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Date: 30 Aug 2006 14:09:55
From: Rich Clark
Subject: Australian Cyclist Kills Ped, Receives Slap on Wrist
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Would a US cyclist have been charged more harshly?
http://www.theage.com.au/articles/2006/08/29/1156816899914.html
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Date: 01 Sep 2006 07:46:16
From: rdclark
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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Bob wrote:
> I don't know about "most" states but the controlling Illinois statute
> on reckless homicide (we don't call it vehicular manslaughter)
> specifies that the death has to be caused by the reckless operation of
> a *motor* vehicle. Had the incident occurred here the defendant would
> be charged similarly to the charges filed in Australia.
Thanks for clearing that up. It's interesting that all these years on
RBM we've been flailing away at the injustice of the light sentences
levied against motorists who kill, yet all that time we cyclists were
[irony] riding the perfect murder weapons without even realizing it.
[/irony]
Would putting on bmx armor before your ride constitute "malice
aforethought?"
RichC
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Date: 31 Aug 2006 18:26:31
From: Bob
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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k wrote:
> Rich Clark wrote:
> > Would a US cyclist have been charged more harshly?
> >
> > http://www.theage.com.au/articles/2006/08/29/1156816899914.html
> >
> >
> Given that most states classify bicycles operated on a roadway as
> vehicles, I would expect t see a vehicular manslaughter charge. Hard to
> believe that the Australian authorities can't justify some kind of
> manslaughter charge.
> k
I don't know about "most" states but the controlling Illinois statute
on reckless homicide (we don't call it vehicular manslaughter)
specifies that the death has to be caused by the reckless operation of
a *motor* vehicle. Had the incident occurred here the defendant would
be charged similarly to the charges filed in Australia.
Regards,
Bob Hunt
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Date: 31 Aug 2006 13:55:50
From: Mike A Schwab
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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Rich Clark wrote:
> Would a US cyclist have been charged more harshly?
>
> http://www.theage.com.au/articles/2006/08/29/1156816899914.html
You do it with a vehicle and you usually don't get much more than
traffic tickets.
http://www.ksdk.com/news/news_article.aspx?storyid=102804
Family, Friends Say Sentence Of Driver Who Hit Cyclist Isn't Enough
created: 8/30/2006 8:25:54 PM
updated: 8/30/2006 11:20:38 PM
By Ann Rubin
(KSDK) - One year after a cyclist was struck and killed by a pickup,
the driver of that truck faced his punishment.
St. Louis County Prosecutor Bob McCullouch didn't file criminal
charges, so the matter was handled in a Creve Coeur court.
Robert Rush faced several ordinance violations. Those who knew cyclist
Michael Katz say that wasn't enough.
Outside the court, family, friends and fellow cyclists showed up in
matching shirts reading "I am Michael Katz." The shirts are a way of
saying that what happened to Katz could have happened to any one of
them.
"We think about Mike every time we get on our bikes. We think about the
safety of the drivers that are coming up behind us," says friend Judy
Meyer.
It happened on July 25th of last year. Katz was on his bike near Olive
and Lindbergh when he was struck and killed by a pickup truck.
Rush never faced any felonies charges for what happened. He pleaded
guilty on Wednesday to several ordinance violations, including failure
to keep a proper lookout and driving on a suspended license.
The St. Louis Regional Bicycle Federation plans to write a letter to
McCullouch to ask him to reconsider criminal charges.
"We think this makes a case for negligent homicide and we're
disappointed with Bob McCulloch's office that they won't prosecute it,"
says chairman Russ Willis.
The group was also disappointed with the sentence.
Rush is getting what's called "shock probation." He'll serve five
weekends in jail to see what it's like. If he violates the terms of his
parole, he'll have to serve a full year.
"I don't think the sentence was stiff enough. I think he should have
been charged with more," says Meyer.
For Katz's wife, this isn't about crime or punishment; it's about
change. She hopes people will remember her husband the next time they
see cyclists on the road.
"We need to be sure people who are driving these two-ton vehicles,
drive them carefully. (That includes) not using their cell phones (and)
paying attention so you aren't interviewing another widow another
time," says Susan Katz.
A representative from the St. Louis County Prosecutor's office says
usually, it is unlikely a case would be revisited after it was already
processed through the system.
KSDK
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Date: 31 Aug 2006 17:46:44
From: Rich Clark
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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"Mike A Schwab" <mike.a.schwab@gmail.com > wrote in message
news:1157057750.695866.162230@i42g2000cwa.googlegroups.com...
> Rich Clark wrote:
>> Would a US cyclist have been charged more harshly?
>>
>> http://www.theage.com.au/articles/2006/08/29/1156816899914.html
>
> You do it with a vehicle and you usually don't get much more than
> traffic tickets.
>
> http://www.ksdk.com/news/news_article.aspx?storyid=102804
Right, but that's not the question (setting aside the fact that a bicycle is
a vehicle). We all know that enforcement and punishment in the US are biased
in favor of drivers, if only for the obvious reason that everyone who
enforces, prosecutes, and sentences are themselves drivers.
The question is whether US traffic laws allow harsher charges against a
cyclist that Australian laws apparently do.
RichC
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Date: 02 Sep 2006 22:26:03
From: Roger Zoul
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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Rich Clark wrote:
:: "Mike A Schwab" <mike.a.schwab@gmail.com > wrote in message
:: news:1157057750.695866.162230@i42g2000cwa.googlegroups.com...
::: Rich Clark wrote:
:::: Would a US cyclist have been charged more harshly?
::::
:::: http://www.theage.com.au/articles/2006/08/29/1156816899914.html
:::
::: You do it with a vehicle and you usually don't get much more than
::: traffic tickets.
:::
::: http://www.ksdk.com/news/news_article.aspx?storyid=102804
::
:: Right, but that's not the question (setting aside the fact that a
:: bicycle is a vehicle). We all know that enforcement and punishment
:: in the US are biased in favor of drivers, if only for the obvious
:: reason that everyone who enforces, prosecutes, and sentences are
:: themselves drivers.
::
:: The question is whether US traffic laws allow harsher charges
:: against a cyclist that Australian laws apparently do.
This case seems rather strange to me. Mowing down a ped in a car is
typically something that would not put a driver's life in danger (though it
could under the right conditions) while doing so on a bike would likely put
the cyclist very much in peril. Surely this was not a hit-and-run and
surely the cyclist was very lucky if he didn't get severely hurt. Yes,
running a red light is serious business, but it's just as dangerous for the
cyclist as it is for the ped in this case (maybe even more so). The article
mentions "Metal ploughed into flesh" but doesn't say anything about "flesh
ploughing into road" which is what the cyclist would likely have
encountered. Given that this is a no-win situation for both parties, I
can't see how it can be considered anything more than an unfortunate
accident as far as the death is concerned (I think the cyclist should be
dealt with for running a red light).
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Date: 30 Aug 2006 18:26:02
From: mark
Subject: Re: Australian Cyclist Kills Ped, Receives Slap on Wrist
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Rich Clark wrote:
> Would a US cyclist have been charged more harshly?
>
> http://www.theage.com.au/articles/2006/08/29/1156816899914.html
>
>
Given that most states classify bicycles operated on a roadway as
vehicles, I would expect t see a vehicular manslaughter charge. Hard to
believe that the Australian authorities can't justify some kind of
manslaughter charge.
k
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